It is important to note that a front-line supervisor is only considered to be serving in a managerial capacity solely on account of being a supervisor if he or she is supervising professional employees. Investors and other persons with an ownership stake in the petitioning organization will need to carefully compile compelling evidence in order to satisfy the EB1C requirements. However, as we discussed in the EB1B section, there is precedent for organizations being able to petition for employment-based immigrant visas for their part-owners.
To learn more about the specific eligibility requirements for the EB2 category, please read our article on the subject. For investors and entrepreneurs considering the EB2 category, its major disadvantage relative to the EB1A and EB1B categories is that it entails a labor certification requirement.
Accordingly, a petition must be filed by a U. While the labor certification requirement may make the main EB2 category unusable for investors and entrepreneurs, there are two situations in which such an applicant can bypass the labor certification procedures: schedule A classification and the national interest waiver. Certain jobs in the sciences or arts may be eligible for schedule A classification, which allows certain petitions to be exempt from the labor certification application.
However, while schedule A exempts the applicant from the labor certification requirement, the requirement that there be a U. If the applicant obtains a national interest waiver, he or she will not only be exempt from the labor certification requirement but also from the requirement that he or she needs a job offer from a U.
To learn about meeting the requirements for a national interest waiver, please follow this link to read our article on the subject. The national interest waiver permits self-petitioning similar to the EB1A category. The purpose of the EB-1 and EB-2 is that they permit you to apply for a green card and become a Lawful Permanent Resident, subject to your priority date eligibility your place in the green card queue.
One major benefit of the EB-1 is that all three subcategories allow you to skip the PERM , a lengthy process of testing the labor market for qualified U. Many different types of people may qualify for the EB-1A. For example, a startup founder with a record of business achievements, who has served in critical roles at companies, has been featured in media articles, and has received a high salary, may be a great candidate for the EB-1A.
An example of a possible EB-1C candidate could be Program Manager who had worked for a company in Spain for 2 years, and is now working for the same company as a Senior Project Manager in the U. The EB-2 is designated for people with advanced degrees e.
Masters, PhD, etc. For example, an U. Advantages and Disadvantages of the EB-1A Visa The primary advantage of the EB-1A visa is that it does not require an applicant to have a sponsoring employer or job offer. Search for:. Learn how we can help you. Orlando Office. Tampa Office. Orlando: Tampa: Make An Online Payment. Call Now. Let us help you. Send Us a message. Name Required. Email Required. EB-1 An EB-1 visa is the first preference category for applicants who have exceptional abilities and are leaders in their fields.
The EB-1 category is divided into three subcategories:. A person with exceptional ability in the field of science, art, education, business, and athletics, may be eligible to obtain U.
EB-1B: The second sub-category is intended for excellent scientists and teachers. The EB-2 class does not include persons who are superior to EB-1 in academia and athletics.
An experienced immigration attorney can assist you in preparing a visa application for success. For more information, fill out the form below. Request Consultation. Although it can be difficult to obtain a green card to the U. Note: You do not need a sponsor employer, and you can self-petition by applying directly with U. We highly recommend hiring an experienced immigration attorney to help you prepare your case. Search Go. Popular Posts.
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