LEGAL Law Blog Attorney Ramona Kennedy

Extraordinary Ability Visas (EB1 and EB2)

For individuals with extraordinary abilities seeking to immigrate to the United States, the EB-1 or EB-2 NIW visa categories offer promising pathways. Understanding the eligibility criteria and application process is crucial for those aspiring to secure permanent residency in the U.S. EB-1 Visa: Extraordinary Ability and Outstanding Achievements The EB-1 visa category is tailored for…

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For individuals with extraordinary abilities seeking to immigrate to the United States, the EB-1 or EB-2 NIW visa categories offer promising pathways. Understanding the eligibility criteria and application process is crucial for those aspiring to secure permanent residency in the U.S.

EB-1 Visa: Extraordinary Ability and Outstanding Achievements

The EB-1 visa category is tailored for individuals who exhibit extraordinary abilities or outstanding achievements in their respective fields. This includes researchers, teachers, managers of multinational businesses, and even athletes.

Qualifying Criteria for EB-1 Visa Applicants:

  • Demonstrated extraordinary ability or outstanding achievements in the chosen field.
  • Submission of compelling evidence to support the visa application, such as national or international awards, published materials, significant contributions to the field, and high salary, among others.

Application Process for EB-1 Visa Applicants:

  • File a Petition for Alien Worker under the appropriate category.
  • Provide substantial evidence to demonstrate eligibility.
  • No labor certification is required for EB-1 visa applicants.

EB-2 NIW Visa: National Interest Waiver for Advanced Degree Professionals

The EB-2 NIW visa category seeks to waive the labor certification requirement for individuals with advanced degrees in fields of extraordinary ability in sciences, arts, or business.

Qualifying Criteria for EB-2 NIW Visa Applicants:

  • Possession of an advanced degree in a relevant field.
  • Meeting the eligibility criteria for the National Interest Waiver test, including demonstrating substantial merit and national importance of proposed work.

Application Process for EB-2 NIW Visa Applicants:

  • Submit a Petition for Alien Worker, along with supporting documentation.
  • Undergo evaluation based on the National Interest Waiver test criteria.
  • Concurrent filing of Immigrant Petition and Adjustment of Status Application is possible for strong NIW profiles.

Benefits and Considerations:

  • Approval may grant eligibility for family members (spouse and children under 21) to apply for admission.
  • The EB-2 NIW option removes the permanent job offer requirement, offering flexibility to applicants.
  • The application process for individuals with extraordinary qualifications can be complex and time-consuming, necessitating professional legal assistance.

The EB-1 and EB-2 NIW visa categories present viable immigration options for individuals with extraordinary abilities seeking permanent residency in the United States. Navigating the intricate application process requires meticulous documentation and expert legal guidance to maximize the chances of success. Consulting with a qualified immigration attorney can greatly facilitate the process and ensure comprehensive representation throughout the application journey.

Disclaimer: This blog provides information and does not constitute legal advice or establish an Attorney-Client Relationship. Contact the law offices of attorney Ramona Kennedy for further assistance.

Contact Information:

For personalized legal guidance, Attorney Ramona Kennedy offers free initial legal consultation in English and Farsi (Persian) to address your legal concerns effectively.

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