The EB-1 category
is First Preference Employment-Based visa. Applicants must have extraordinary abilities, be an outstanding professor or researcher, or be a multinational executive or manager.
Extraordinary Abilities may be shown through an aptitude in sciences, arts, education, business, or athletics which has garnered national or international acclaim. Evidence of extraordinary abilities extends to much more than an Olympic Medal, Oscar, or Pulitzer Prize. Ms. Suntoso has successfully obtained EB-1 visas for those in many types of professions, including artists, business owners, public health professionals, and weathermen. Please contact us if you have further questions. Please allow a realistic six months to prepare for such filing.
An outstanding professor or researcher is someone who has authored scholarly books or articles, had others publish professional publications about their work, or been the recipient of a major prize or award.
A multinational executive or manager must have been employed outside of the United States By the petitioning company for at least 1 of the past 3 years before applying for the EB-1 employment based visa.
The EB-2 category
commonly known as the National Interest Waiver, is available to those with exceptional ability who are engaged in a profession that would greatly advance the interests of the United States. This category is exempt from the labor certification requirement. Although less stringent than the EB-1 category, a person wishing to apply for a national interest waiver must submit official academic records, evidence of at least 10 years of full-time experience in the profession at issue, licensure when applicable, and proof of recognition of the applicant’s achievements.
Labor Certification
As a general rule, U.S. employers wishing to hire foreign nationals must obtain certification from the Department of Labor (DOL) that employment of the foreign national will not displace qualified and available U.S. workers or adversely affect wages and working conditions. To obtain labor certification the employer must file an Application for Permanent Employment Certification with DOL, also known as a Labor Certification.
There are many steps that must be completed prior to filing the Labor Certification. The substantive test of the labor market involves newspaper, journal, and other forms of advertising. We will assist with the placement of at least two print advertisements and, as required by regulations, also assist you in other recruitment efforts to test the labor market for qualified and available U.S. workers.