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Can I be eligible for special, EB1 or EB2 CATEGORY?

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  • Can I be eligible for special, EB1 or EB2 CATEGORY?

    Hi,
    I am currently on H1-b visa and I have a degree in MS computer science but my H1-b is on my undergrad. Currently I work as a
    federal contractor for Department of Interior and my company is classified as Federal Contracting company.

    Is there a way I can apply user EB1, EB2 category or way it will help me speed up processing if I apply under certain points?

    Also currently have a general background check cleared by government.

    Thanks

  • #2
    Anytime you are working on projects for a government agency, that may qualify you to apply for a green card under the EB-2 National Interest Waiver category.

    Under the second based preference allocation for employment-based immigrants, visas are available “to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.”

    Exceptional Ability

    The term “exceptional ability” is defined in 8 C.F.R. § 204.5 (k) (2) as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” In order to prove exceptional ability, an I-140 petition must be accompanied by documentation showing that the alien is an alien of exceptional ability in the sciences, the arts, or business. The regulation goes on to state that this evidence can come in the form of at least three of the following or comparable evidence:

     An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;

     Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;

     A license to practice the profession or certification for a particular profession or occupation;

     Evidence that the alien has commanded a salary, or other renumeration for services, which demonstrates exceptional ability;

     Evidence of membership in professional associations; or

     Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

    National Interest Waiver

    The Attorney General may waive the requirement that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States if the waiver is in the national interest. An evaluation of an alien’s eligibility for a natural interest waiver involves the consideration of several factors. First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. The final threshold is specific to the alien. The petitioner seeking the waiver must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required for the alien. That is, the alien must establish that he will serve the national interest to a substantially greater degree than would am available U.S. worker having the same minimum qualifications.

    This EB-2 may be an options for you.

    Regards,


    Andrew

    Comment


    • #3
      EB2 NIW - self sponsored

      Dear Andrew, your detailed response below is very helpful. Just a small query

      I am on a L1A visa; working for software contracting firm with a US govt agency project. Can I apply for self sponsord GC?. If I change my job next year and switch to h1B with another employer, how willl that affect the GC process and my status...(I will be left with only two years of stay on h1....what will happen after I complete the six years quota? will it be possible to get extensions in this case?). I have over 12 years of work exp and have M.tech degree.

      Thanks much!
      F.Leo

      Comment


      • #4
        For EB1-C (Managerial), you can't do self petition. Your employer needs to sponsor you.

        hth

        Comment


        • #5
          Where to file EB2-NIW

          Hi Andrew,

          Thank you for the information. I have a B1 (tourist) visa and my I-94 will end on October 31, 2007. I would like to ask some quesions regarding EB2-NIW. If I file EB2-NIW here in the US,

          1. where will I file it? where is the fastest processing center here? Or what if I file in my country, Philippines?
          2. how long will it take to be approved?
          3. once approved can i change my status?


          Thank you and I would appreciate your reply.


          Victor







          Originally posted by AndrewWilson
          Anytime you are working on projects for a government agency, that may qualify you to apply for a green card under the EB-2 National Interest Waiver category.

          Under the second based preference allocation for employment-based immigrants, visas are available “to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.”

          Exceptional Ability

          The term “exceptional ability” is defined in 8 C.F.R. § 204.5 (k) (2) as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” In order to prove exceptional ability, an I-140 petition must be accompanied by documentation showing that the alien is an alien of exceptional ability in the sciences, the arts, or business. The regulation goes on to state that this evidence can come in the form of at least three of the following or comparable evidence:

           An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;

           Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;

           A license to practice the profession or certification for a particular profession or occupation;

           Evidence that the alien has commanded a salary, or other renumeration for services, which demonstrates exceptional ability;

           Evidence of membership in professional associations; or

           Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

          National Interest Waiver

          The Attorney General may waive the requirement that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States if the waiver is in the national interest. An evaluation of an alien’s eligibility for a natural interest waiver involves the consideration of several factors. First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. The final threshold is specific to the alien. The petitioner seeking the waiver must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required for the alien. That is, the alien must establish that he will serve the national interest to a substantially greater degree than would am available U.S. worker having the same minimum qualifications.

          This EB-2 may be an options for you.

          Regards,


          Andrew

          Comment

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