Goldblum & Hess

EB-1 Extraordinary Ability

EB-1 Extraordinary Ability is the classification often sought by Foreign Nationals of extraordinary ability in the arts, sciences, business, education or athletics. No job offer or labor certification is required. In addition, the Foreign National may either “self-sponsor” or have an employer file on his or her behalf.

Extraordinary ability means achievement of a level of expertise indicating that the Foreign National is one of that small percentage who has risen to the top of his or her field of endeavor. To be considered for extraordinary ability classification, the Foreign National must demonstrate that he or she has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. This is accomplished by providing evidence of either a one-time achievement (that is, receipt of a major, internationally recognized award, such as a Nobel Prize) or by satisfying at least 3 of a specified criteria of 10 indicators that evidence extraordinary ability. Please note that this classification has received additional scrutiny from USCIS recently, and that proper planning and thorough analysis is more important than ever.

If in the United States, a Foreign National applying for EB-1 Extraordinary Ability classification can simultaneously apply for Permanent Residency by submitting the Application to Adjust Status (to Permanent Resident). Goldblum & Hess has decades of experience securing EB-1 Extraordinary Ability classification for research scientists, scholars, artists and athletes.

EB-1 Outstanding Researcher or Professor

EB-1 Outstanding Researcher or Professor is the classification sought by Foreign Nationals holding professor or researcher positions at universities, institutions of higher learning, or private research institutions. The Foreign National must have: (1) at least three years of research and/or teaching experience; (2) a job offer for either a permanent, tenured or tenure-track research or teaching position; and (3) international recognition as outstanding in his or her academic field. Proving international recognition is accomplished by providing evidence that the Foreign National satisfies at least 2 of a specified criteria of 6 indicators that evidence outstanding research or professorship.

If in the United States, a Foreign National seeking EB-1 Outstanding Researcher classification can simultaneously apply for Permanent Resident status by submitting the Application to Adjust Status. Goldblum & Hess has decades of experience successfully obtaining EB-1 Outstanding Researcher/Professor classification for researchers and professors at numerous universities, hospitals and research institutions across the country.

EB-1 Multinational Manager

The EB-1 Mutinational Manager Classification is very similar to the L-1A visa. The Foreign National must have been employed abroad in a managerial capacity for a qualifying related employer for at least 1 year in the past 3 years prior to coming to the United States. This immigrant visa requires employer sponsorship.

EB-2 National Interest Waiver

The EB-2 National Interest Waiver is pursued for advanced degreed Foreign Nationals who are engaged in work that is in the national interest of the United States and, therefore, do not require the employer or individual to show that there are minimally qualified U.S. workers available to fill the position. The Foreign National is permitted to “self-petition”, but there should be a persuasive reason for doing so. The Foreign National, generally, must be able to demonstrate the following: (1) the area of intended employment is of substantial intrinsic merit; (2) the proposed benefit of the work is national in scope (rather than local or regional); and (3) the Foreign National will service the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.

Similar to the EB-1 Extraordinary Ability (and Outstanding Researcher) classification, EB-2 National Interest Waiver requests have received additional scrutiny from USCIS recently. Proper planning and thorough analysis is more important than ever.

EB-2 Special Recruitment

EB-2 Special Recruitment is the route often pursued by Foreign Nationals holding teaching positions at universities and other institutions of higher education. The Foreign National must have an offer of employment and must hold a permanent position that involves some classroom teaching. First, the sponsoring university or institution of higher education is required to file a PERM/Special Recruitment Application with the Department of Labor to obtain labor certification. The Special Recruitment labor certification process can be used if (1) the university or institution of higher education has pursued a competitive and selective recruitment process; (2) the university or institution of higher education has selected the Foreign National because he or she was deemed to be the most qualified candidate for the position; and (3) the university or institution of higher education is filing the Special Recruitment application within 18 months of the date on which it selected the Foreign National for the position.

Once the PERM/Special Recruitment Application is certified, the university or institution of higher education can file an EB-2 Immigrant Petition for the Foreign National.

PERM (EB-2 or EB-3)

PERM is a process that most employers must utilize on behalf of their Foreign Nationals in order to obtain Permanent Resident status on their behalves. PERM is a very formulaic method of testing the labor market to determine if there are any available minimally qualified and willing U.S. workers who are willing, able and available to perform the job held by the Foreign National. If such a qualified U.S. worker is found, then Permanent Residency likely cannot be obtained. PERM is an arduous and detailed process that requires in-depth analysis and understanding of not only immigration law, but the labor market as well. If labor certification is obtained, the Foreign National can submit an I-140 petition in either the EB-2 or EB-3 classification, depending on the employer’s stated requirements on the PERM application. Generally, positions that require either an advanced degree or a bachelor’s degree and five years of progressive experience are classified as EB-2 positions. Positions that require a Bachelor’s degree or at least two years of experience are classified as EB-3 positions.