Ms. Balvinder Kumar
bnr-2

Immigration Visas EB1-EB5

Immigration Visas EB1-EB5

We advise clients on EB-1 through EB-5 US visas. Our strength lies in evaluating the eligibility of our clients and using evidence based process to highlight their strength in areas of science, technology, business and entrepreneurship to get the desired results. For pre-qualified candidates, we give a conditional guarantee for return of portion of their prepaid attorney fees.

First Preference EB-1

Extraordinary Ability, Outstanding Researcher, & Multinational Executive

Categories

General

Evidence

Extraordinary Ability
(EB-1A)
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required. You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts
Outstanding professors and researchers
(EB-1B)
You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years’ experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education. You must include documentation of at least two of the criteria listed below and an offer of employment from the prospective U.S. employer.

  • Evidence of receipt of major prizes or awards for outstanding achievement
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement
  • Evidence of published material in professional publications written by others about the alien’s work in the academic field
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Evidence of original scientific or scholarly research contributions in the field

Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

Multinational manager or executive
(EB-1C)
Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer. Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.
You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization.

Second Preference EB-2

Advanced Degree, Exceptional Ability, & National Interest Waiver

Categories

Description

Evidence

Advanced Degree The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field). Documentation, showing that you have a U.S. advanced degree or a foreign equivalent degree, orthat  you have a U.S. baccalaureate degree or a foreign equivalent degree and at least 5 years of progressive post-baccalaureate work experience in the specialty.
Exceptional Ability You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” You must meet at least three of the criteria below.*
National Interest Waiver Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Those seeking a national interest waiver may self-petition and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker. You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.

 

 

* Criteria

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  • Letters documenting at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations

Other comparable evidence of eligibility is also acceptable.

Employment-based, second-preference petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750.
Family of EB-2 Visa Holders
Your spouse and children under the age of 21 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD)

Third Preference EB-3

Skilled Worker Professional or Unskilled Workers

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

  • “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
  • “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
  • The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

 

Eligibility Criteria

Sub-categories

Evidence

Certification

Skilled Workers
  • You must be able to demonstrate at least 2 years of job experience or training
  • You must be performing work for which qualified workers are not available in the United States
Labor certification and a permanent, full-time job offer required.
Professionals
  • You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation
  • You must be performing work for which qualified workers are not available in the United States
  • Education and experience may not be substituted for a baccalaureate degree
Labor certification and a permanent, full-time job offer required.
Unskilled Workers (Other Workers) You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States. Labor certification and a permanent, full-time job offer required.

Note: While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the “other workers” category.  See the “Department of State: Visa Bulletin” page.
U.S. Department of Labor – Labor Certification

Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I. For more information, see the “Department of Labor: Foreign Labor Certification” page.
Application Process

Your employer (petitioner) must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.
For more information on filing fees, see the “File My Application Online” link to the right.
Family of EB-3 Visa Holders

Your spouse may be admitted to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).  Your minor children (under the age of 21) may be admitted as E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).

Fourth Preference EB-4

Religious Workers and Special Healthcare Professionals

You may be eligible for an employment-based, fourth preference visa if you are a special immigrant. The following special immigrants are eligible for the fourth preference visa:

Petitioning for an Employment-Based Fourth Preference Immigrant

To petition for an employment-based fourth preference immigrant, your employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. However, there are certain situations where you, the employee, may self-petition on your own behalf. Please review the form instructions to see if you are eligible to self-petition and what required supporting evidence needs to be included.

Family of EB-4 Visa Holders

Your spouse may also be admitted to the United States. Your children, unmarried under the age of 21, may be admitted to the United States.

Fifth Preference EB-5
Immigrant Investor Process

Application Process

  • File Form I-526, Petition by Alien Entrepreneur
  • Upon approval of Form I-526 petition, either:
  • File Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to a conditional permanent resident within the United States, or
  • File DS-230 or DS-260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State to obtain an EB-5 visa for admission to the United States.

Upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa, the EB-5 investor and derivative family members will be granted conditional permanent residence for a two-year period

Form I-526 Petition for an Alien Entrepreneur

Requirements Supporting Documents (Evidence)*
New Commercial Enterprise Evidence that you have invested in a “for profit” new commercial enterprise, which is a commercial enterprise:

  • Established after Nov. 29, 1990, or
  • Established on or before Nov. 29, 1990, that is:
  • Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
  • Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs

Evidence, if applicable, that your new commercial enterprise has been established and is principally doing business in a targeted employment area (TEA).

Managing the New Commercial Enterprise  Evidence that you will be actively involved in the management of the new commercial enterprise (day-to-day or through policy).
Investment Evidence that you have invested or are in the process of investing the amount required ($1 million or $500,000).
Evidence that the investment funds were obtained through lawful means. Evidence that the capital used was legally acquired may be demonstrated by the following:

  • Foreign business registration records
  • Personal and business tax returns, or other tax returns of any kind filed anywhere in the world within the previous five years
  • Documents identifying any other source of money
  • Certified copies of all pending civil or criminal actions and proceedings, or any private civil actions involving money judgments against the investor within the past 15 years
 Job Creation Evidence that the new commercial enterprise will create at least 10 full-time positions—not including yourself, your spouse, sons or daughters, or any temporary or nonimmigrant workers, or individuals who are not authorized to work in the United States. You will need to submit a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than 10 employees will result. Include approximate dates, within the next two years, and when each employee will be hired.
* Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the creation of indirect jobs.
Job Preservation—Troubled Business The same evidence which is mentioned above for job creation except instead of the evidence that the business will create at least 10 new jobs, you must submit evidence that:
The number of existing jobs is being or will be maintained at no less than the pre-investment level for a period of at least two years. Photocopies of tax records, Forms I-9 (Employment Eligibility Verification), or other relevant documents for the qualifying employees and a comprehensive business plan shall be submitted in support of the petition.
* Note: To be approvable, at least 10 jobs must be maintained.
* Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the preservation of indirect jobs.

Form I-829 Petition by Entrepreneur to Remove Conditions

You must submit Form I-829 within the 90-day period immediately before the second year anniversary of your admission to the U.S. as a conditional permanent resident.

Requirements

 Supporting Documents (Evidence)*

Investment

 

Evidence that you in fact invested in a new commercial enterprise. This evidence may include, but is not limited to, copies of the business’ organizational documents and federal tax returns.
Evidence that you have invested or are actively in the process of investing the total amount of required funds.
Evidence that you have sustained your investment in the new commercial enterprise throughout your two-year period of conditional permanent residence. This evidence may include, but is not limited to, the following:

  • Business invoices and receipts
  • Bank statements
  • Contracts
  • Business licenses
  • Audited or reviewed financial statements.
  • Complete copies of federal or state income tax returns or quarterly tax statements

 Job Creation

 Evidence that you created or will create within a reasonable time 10 full-time jobs for qualifying employees. Such evidence may include, but is not limited to:

  • Business payroll records
  • Relevant tax documents
  • Employee Forms I-9

Job Preservation—Troubled Business

The same documentary requirements for job creation mentioned above, except that the investor must show that he or she has maintained (not created) the number of existing employees at no less than the pre-investment level for the period following his or her admission as a conditional permanent resident.
*Note: To be approvable, at least 10 jobs must be maintained.
*Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the preservation of indirect jobs.

Dependents

Your spouse and unmarried children under the age of 21 may be admitted to the U.S. with you on a two-year conditional period.  If your I-829 petition to remove conditions is approved, the conditions will be removed from your spouse and children’s Green Card status.  As a lawful permanent residents (Green Card holders) your spouse and children will be authorized to work or attend school in the U.S.

PERM (LABOR CERTIFICATION)

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

The PERM process qualifying criteria are:

  • There must be a bona fide, full-time permanent job opening available to U.S. workers.
  • Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker’s qualifications. In addition, the employer shall document that the job opportunity is described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.
  • The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

 

The usual steps of filing are as follows:

  • Application. The employer must complete an Application for Permanent Employment Certification, ETA Form 9089. A completed application will describe in detail the job duties, educational requirements, training, experience, and other special skills the employee must possess to perform the work, and outline the foreign worker’s qualifications.
  • Signature requirement. Applications submitted by mail must contain the original signature of the employer, foreign worker, and preparer, if applicable, when they are received by the NPC. Applications filed electronically must, upon receipt of the labor certification issued by ETA, be signed immediately by the employer, foreign worker, and preparer, if applicable, in order to be valid.
  • Prevailing wage. Prior to filing ETA Form 9089, the employer must request and obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC). The employer is required to include on the ETA Form 9089 the NPWC provided information: the prevailing wage, the prevailing wage tracking number, the SOC (O*NET /OES) code, the occupation title, the skill level, the wage source, the determination date, and the expiration date.
  • Pre-Filing Recruitment Steps. All employers filing the ETA Form 9089 (except for those applications involving Schedule A occupations and sheepherders filed under 20 CFR §656.16) must attest, in addition to a number of other conditions of employment, to having conducted recruitment prior to filing the application.
  • When filing under 20 CFR §656.17, the employer must recruit using the standards for professional occupations set forth in 20 CFR §656.17(e)(1) if the occupation involved is on the list of occupations published in Appendix A to the preamble of the final PERM regulation. The occupations listed have been deemed to be professional occupations, as they normally require a bachelor’s or higher degree. For all other occupations not normally requiring a bachelor’s or higher degree, employers can simply recruit under the requirements for nonprofessional occupations at 20 CFR §656.17(e)(2). Employers are not prohibited from conducting more recruitment than is required by the regulations.
  • The employer must prepare a recruitment report in which it categorizes the lawful job-related reasons for rejection of U.S. applicants and provides the number of U.S. applicants rejected in each category. The recruitment report does not have to identify the individual U.S. workers who applied for the job opportunity, however, if requested by the Certifying Officer, the employer must submit the resumes.
  • Audits/requests for information. Supporting documentation may not be filed with the ETA Form 9089, but the employer must provide the required supporting documentation if the employer’s application is selected for audit or if the Certifying Officer otherwise requests it.
  • Retention of records. The employer is required to retain copies of applications for permanent employment certification and all supporting documentation for five years from the date of filing the ETA Form 9089. For example, the NPWC prevailing wage determination documentation is not submitted with the application, but it must be retained for a period of five years from the date of filing the application by the employer.

 

PERM visa process requires a thorough knowledge of market availability of skills, how to show that the skill or technologist being sponsored is not available and current labor market. Due to our attorney’s diversified experience in technical, scientific, engineering and entrepreneurial areas, we can help you prepare documents that meet the required criteria.

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Clients Speak
Gagandeep Singh
I have dealt with Balvinder Kumar, Barrister, Solicitor, & Notary Public for my Real Estate Law and Incorporation matters and I find her knowledge and efficient service in these matters extraordinary. I will not hesitate recommending her for a real estate lawyer and any other legal service she is providing. Thanks and appreciate your help in my legal matters.
Jim
We enjoyed meeting with you today and finalizing this very important aspect of our family clarity of our wishes in case of serious health issues such as loss of capacity to manage family affairs and death. My procrastination in keeping these documents made it difficult for my family to access funds necessary to keep our affairs in order. Thanks for your help in making these issues easy to understand and removing the stress caused by the lack of clarity.
Selvin
Balvinder is an exceptional Real Estate Lawyer. I have been recommending my clients to BK Law for a few years now and my clients have been extremely satisfied. Balvinder has always responded to all questions that my clients or I have in a timely manner and has promptly responded to phone calls, emails and text. It has always been pleasure working with Balvinder