Employment-Based Immigration Visa Lawyer in South Florida

Serving St. Lucie & Martin Counties & Surrounding Areas

The United States was founded on the idea that immigrants can advance and develop our country. Many people around the world aspire to live the American Dream by immigrating to the United States. If you or a family member is considering immigrating to the United States, you should consider contacting an experienced South Florida immigration lawyer to help navigate you through this process.

One way to immigrate over is through the employment-based immigration visa. Depending on your career, you may qualify to immigrate under an EB-1, EB-2 or EB-3 Visa. While the prospect of immigration can be exciting, there are many steps along the path. Retaining a savvy immigration attorney can only improve your chances of being approved.

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First Preference EB-1 Visa

First preference EB-1 visas are reserved for those individuals who possess an extraordinary ability in their area or field of work, renowned professors and researchers or a multinational manager or executive.

What Does Extraordinary Ability Mean?

When the USCIS uses the term extraordinary ability, they require the individual is able to demonstrate expert ability in the sciences, arts, education, business or athletics through continued national or international acclaim. Your achievements in your field must be recognized through documentation. When you apply for this immigration visa, you are not required to provide an offer of employment.

What Evidence Is Needed to Prove EB-1 Visa Eligibility?

In order to be eligible for the EB-1 Visa, applicants must meet 3 of the 10 criteria or provide evidence of a major one-time achievement award, like the Pulitzer, Oscar, Nobel Prize, or an Olympic medal.

  • Evidence of commercial success
  • Evidence you command a high salary or other remuneration compared to others in your field
  • Evidence you perform a leading role in distinguished organizations
  • Evidence of authorship of scholarly articles in major trade or professional publications
  • Evidence your own contributions to the scientific, scholarly, artistic, athletic or business field made were significant contributions
  • Evidence news has been published about you in a major trade or professional publication
  • Evidence of a membership in association with outstanding achievement.
  • Evidence of receipt of lesser nationally or internationally recognized prizes of excellence.

How Do I Prove I Am an Outstanding Professor or Researcher?

To qualify for this section of the EB-1 visa, you must have at least 3-years of experience in your field of research or training. You also must be coming to the United States to pursue tenure or a research position. You must also provide an offer of employment with your immigration papers.

Some examples of proof include:

  • Major prizes or awards in your field
  • Membership to exclusive, merit-based associations or clubs
  • Material that was published in a professional publication
  • Evidence you participated as a judge of the work of others in the same field or an allied field
  • Proof of scholarly and scientific research contributions
  • Proof of authorship of scholarly books or articles

Second Preference EB-2 Visa

If you are a foreign national in possession of an advanced professional degree or its equivalent, or you are a foreign national with an exceptional ability, you may qualify for an EB-2 visa.

What Qualifies as an Advanced Degree or Equivalent?

Whatever job you are applying for must require an advanced degree and you must already have earned such degree or its equivalent. The equivalent could be a bachelor’s degree plus five years in the field you are applying for.

What Evidence Do I Need to Provide?

  • You will need to provide documentation you have earned an advanced degree (masters or doctorate)
  • Letters from former or current employers showing you have at least 5 years work experience in addition to your bachelor’s degree.

What Is Considered Exceptional Ability by the USCIS?

If you are a professional in the arts, sciences or business, exceptional ability means you have a degree of expertise that is above the rest. In order to qualify for the EB-2 visa, you must meet at least 3 of the below criteria.

  • An official academic record indicating you have a degree, diploma or certificate from a college, university where you have the exceptional ability.
  • Letters from your employers documenting at least 10 years of full-time experience.
  • Should you need a license to practice your profession, provide evidence of the license.
  • Membership to any professional associations
  • Recognition or awards for any of your professional achievements

Third Preference EB-3 Visas

The third preference visas are visas that consider skilled workers, professionals, and unskilled workers. If you fall into any of these categories, you may qualify for this visa. In order to qualify for this visa, your employer must file a Form I-140 or a petition for an Alien Worker. In addition to the petition, you must also possess a labor certification and you must have a permanent, full-time job offer from an employer.

How Do I Qualify as a Skilled Worker?

In order to qualify as a skilled worker, you must have a least 2 years of work experience and you must be performing work for which qualified workers are not available in the United States.

How Do I Qualify as a Professional?

If you wish to qualify as a professional you must possess a U.S. bachelor’s degree or foreign equivalent. The bachelor’s degree must the normal qualification for the position your employer is requesting you petition for. You must be performing work for which there are no qualified United States workers.

How Do I Qualify as an Unskilled Worker?

An unskilled worker requires less than 2 years of training and you must be capable at the time the petition is filed to perform this labor. Your position cannot be of a temporary or seasonal nature, and there must not be qualified workers available in the U.S to take this position.

Need Immigration Assistance? We Can Help!

The process of immigrating to the United State can be confusing and frustrating. Between managing all the paperwork required, interviews and document gathering you could feel a little in over your head. Don’t go it alone, let an experience South Florida immigration attorney guide you through this process. With a decade of experience, you can rest assured you are in good hands when you hire an attorney from The Gaston Law Firm, P.A.

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