Sponsorship by a U.S. employer is one of the primary paths by which foreign nationals become permanent residents of the United States. Hinzman & Flory is able to provide immigration services for those seeking EB1 and EB2 (National Interest Waiver) green cards. Please continue reading for more information about these visas.
EB1 GREEN CARDS
The EB1 green card category represents the most preferred foreign workers under the U.S. immigration system. Applicants for the EB-1 extraordinary ability green card must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. The applicant’s achievements must be recognized in his or her field through extensive documentation. This green card category does not require a job offer from a U.S. employer, making it a desirable option for foreign nationals at the very top of their field of expertise. The EB1 category consists of three subcategories:
- EB1A green cards for aliens of extraordinary ability
- EB1B green cards for outstanding professors and researchers
- EB1C green cards for multinational managers and executives
EB2 NIW (National Interest Waiver) GREEN CARDS
The EB2 green card category represents the second most preferred foreign workers. The EB-2 green card category is for aliens possessing an advanced degree or exceptional ability in their field of expertise. Most EB-2 applicants are required to have a job offer from a U.S. employer and an approved Labor Certification from the U.S. Department of Labor. However, certain aliens may qualify for an EB-2 National Interest Waiver (NIW) because granting them permanent residence would be in the national interest of the United States. If approved, the NIW exempts the alien from the job offer and labor certification requirements. Though the jobs that qualify for a national interest waiver are not defined in U.S. immigration law, national interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation (ex: scientists, researchers, etc.). The category is available to:
aliens seeking a job requiring an advanced degree or its equivalent (i.e. a bachelor’s degree and five years of progressive work experience in the field),
aliens having exceptional ability in the sciences, arts, or business),
who establish eligibility for a National Interest Waiver (NIW).
There are three main requirements to receive a NIW:
(1) the foreign national’s proposed endeavor must have both substantial merit and national importance;
(2) he or she must be well positioned to advance the proposed endeavor; and
(3) on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.
For more information on National Interest Waiver green cards, please read Jered’s blog article found here.