MARYLAND
IMMIGRATION LAWYERS

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You may be eligible for an employment-based, first-preference visa if you are an noncitizen of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager.

 

Each occupational category has certain requirements that must be met:

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Categories:

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Extraordinary Ability:

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You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

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Outstanding Professors and Researchers:

 

You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area.

 

You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer.

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Certain Multinational Managers or Executives:

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You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer.

 

The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity. 

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Who Must File

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Extraordinary Ability: 

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You may apply for yourself by filing a Form I-140, Petition for Alien Worker.

 

Outstanding Professors and Researchers:

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Your U.S. employer must file a Form I-140, Petition for Alien Worker.

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Multinational Manager or Executive:

 

Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker.

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Family

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If your petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.

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Representation Fee:

$4,000.00

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Additional Applicants:

$1,000.00/applicant

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You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.

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Below are the occupational categories and requirements:

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Categories:

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Advanced Degree:

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The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field).

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You must meet any other requirements specified on the labor certification as applicable.

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Exceptional Ability:

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You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

 

You must meet any requirements specified on the labor certification as applicable.

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National Interest Waiver:

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Noncitizens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation.

 

Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

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Who Must File

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Your employer must file on your behalf.

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Family

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If your petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.

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Representation Fee:

$1,500.00

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Additional Applicants:

$500.00/app

licant

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You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

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Skilled Workers:

 

“Skilled workers” are persons whose jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature.

 

The skilled worker must meet the educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.

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Professionals:

 

“Professionals” are persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.

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Other Workers:

 

The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training, education, or experience, not of a temporary or seasonal nature.

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Who Must File

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The employer must file on behalf of the employee.

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Family

 

If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”), and E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).

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Representation Fee:

$4,000.00

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Additional Applicants:

$1,000.00/applicant

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You may be eligible for an employment-based, fourth preference (EB-4) visa if you are a special immigrant. The following special immigrants are eligible for the fourth preference visa:

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-     Religious workers;

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-     Special Immigrant Juveniles;

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-     Certain broadcasters;

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-     Certain retired officers or employees of a G-4 international organization or NATO-6 civilian employees and their family members;

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-     Certain employees of the U.S. government who are abroad and their family members;

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-     Members of the U.S. armed forces;

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-     Panama Canal company or Canal Zone government employees;

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-     Certain physicians licensed and practicing medicine in a U.S. state as of Jan. 9, 1978;

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-     Afghan or Iraqi translators or interpreters;

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-     Iraqis who were employed by or on behalf of the U.S. government; and

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-     Afghans who were employed by the U.S. government or International Security Assistance Force (ISAF).

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Who Must File

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Please contact us to determine whether you or your employer must file.

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Some EB-4 classifications allow your spouse and unmarried children under the age of 21 to be admitted to the United States. For more information, please visit the USCIS Green Card Eligibility Category page.

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Representation Fee:

$2,000.00

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Additional Applicants:

$1,000.00/applicant

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USCIS administers the EB-5 Program.

 

Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for a Green Card (permanent residence) if they:

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-     Make the necessary investment in a commercial enterprise in the United States; and

 

-     Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

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This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.

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Representation Fee:

Please contact us to discuss your needs.

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Remember - this section is for permanent workers only!