victim_of_INS
Registered Users (C)
Hi
can someone enlighten me what is prerequite for EB1 and EB2 ? Just curious.
can someone enlighten me what is prerequite for EB1 and EB2 ? Just curious.
what is the criteria for EB1 and EB2 ?
- Thread starter victim_of_INS
- Start date
PrinceofJungle
New Member
If u are referencing the name-check then
I believe Name check procedure do apply on all catagory, plus NIW may need some other extra depth of clearance on some kind of jobs.
btw what do u do? except being 'Victim' of Spouse..... oh sorry I mean Victim of INS.
Good Luck
I believe Name check procedure do apply on all catagory, plus NIW may need some other extra depth of clearance on some kind of jobs.
btw what do u do? except being 'Victim' of Spouse..... oh sorry I mean Victim of INS.
Good Luck
Last edited by a moderator:
victim_of_INS
Registered Users (C)
Hi POJ ,I wanted to know who are eligible for Eb1 or Eb2
Hi POJ ,I wanted to know who are eligible for Eb1 or Eb2 .
Hi POJ ,I wanted to know who are eligible for Eb1 or Eb2 .
PrinceofJungle said:If u are referencing the name-check then
I believe Name check procedure do apply on all catagory, plus NIW may need some other extra depth of clearance on some kind of jobs.
btw what do u do? except being 'Victim' of Spouse..... oh sorry I mean Victim of INS.
I do surfing to immigrationportal.com/texas/victims.
Good Luck
PrinceofJungle
New Member
Well.... First requirement for both EB1 and EB2 is
PERSON SHOULD NOT BE 'VICTIM OF SPOUSE'
Second, for EB1
EB-1
What is EB-1 status?
First Preference is an employment-based immigrant classification that exempts accomplished aliens recognized as “priority workers” from Labor Certification. Thus, EB-1 aliens may apply for permanent resident status without having to undergo this lengthy, expensive, and uncertain process. The EB-1 visa is divided into three sub-categories:
• Aliens of Extraordinary Ability in the Arts, Sciences, Business, Education, or Athletics (EB-1(a));
• Outstanding Professors and Researchers (EB-1(b));
• International Managers and Executives (EB-1(c)).
Does an alien need an offer of employment?
The EB-1(a) category does not require that an alien have a permanent job offer. An EB-1 alien of extraordinary ability may therefore file an I-140 immigration petition by himself or herself, without an employer sponsor. However, both the EB-1(b) and EB-1(c) categories require that an alien have a permanent job offer. Here, a United States employer must file the I-140 immigration petition on behalf of an outstanding professor or researcher, or an international manager or executive.
For EB-1(a) category,
how can an alien prove his or her “extraordinary ability?
An alien’s “extraordinary ability” in the arts, sciences, business, education, or athletics must be demonstrated by sustained national or international acclaim. His or her achievements must be recognized through extensive documentation in the field, and must represent a level of expertise reached by only a small percentage of people at the very top of the field. For example, evidence of the receipt of a major, internationally recognized award – such as a Nobel Prize or Academy Award – will establish EB-1(a) qualification. Alternatively, without such an award, an alien may establish qualification by producing documentation of at least three of the following:
• Receipt of a lesser nationally – not necessarily United States – or internationally recognized prize or award for excellence in the field;
• Membership in associations in the field that require outstanding achievements by their members;
• Published material in a professional or major trade publication, or in the major media, related to the alien or the alien’s work in the field, or scholarly articles in the field written by the alien and published in a professional journal or in the major media;
• A judicial role – individually or as part of a panel – over the work of others in the field;
• Original scientific, scholarly, or artistic contributions of major significance;
• Display of the alien’s work at artistic exhibitions or showcases;
• Performance of a leading or indispensable role for organizations or establishments with distinguished reputations;
• Past command of a high salary, or other significantly high remuneration, for services performed in the field; or
• Commercial successes in the performing arts.
For EB-1(b) visas,
how can an alien establish status as an outstanding professor or researcher? .................................back to top
Three primary legal requirements must be met by an alien seeking to petition as an “outstanding” professor or researcher, including:
• A tenured or tenure-track teaching or comparable research position with an expectation of long term employment at a United States university or other institution of higher education – if the employer is a private company rather than a university or educational institution, the department, division, or institute of the private employer must employ at least three full-time researchers as well as provide accompanying documentation supporting their accomplishments within the academic field;
• At least three years of relevant teaching or research experience – teaching or research experience obtained while pursuing an advanced degree, such as a Ph.D., may be counted toward this three-year requirement if such teaching or research has been recognized as outstanding; and
• Outstanding scientific or scholarly achievement in a particular field
Evidence that the professor or researcher is recognized as “outstanding” in an academic field must include documentation of at least two of the following:
• Receipt of major prizes or awards for outstanding achievement;
• Membership in associations that require outstanding achievements by their members;
• Published material in professional publications written by others about the alien's work in the academic field, or scholarly books or articles in the field written by the alien and published in scholarly journals with international circulation;
• A judicial role – individually or as part of a panel – over the work of others in the same or allied academic field; or
• Original scientific or scholarly research contributions in the field. .......... back to top
For EB-1(b) visas, how can an international manager or executive establish eligibility for priority worker status?
The following three legal requirements must be met by an alien seeking permanent transfer to the United States as a top-level manager or executive:
• The alien must have been employed in a managerial or executive capacity by a firm or corporation outside of the United States for at least one year within the three years preceding the petition, and he or she must seek to continue employment with a United States branch, affiliate, or subsidiary of the same firm or corporation;
• The firm or corporation must conduct business within the United States and a foreign country in the regular, systematic, and continuous provision of goods or services; and
• The firm or corporation must have been conducting business in the United States for at least one year.
An alien can meet the “managerial capacity” requirement by providing proof that he or she:
• Manages the organization, department, component, or function;
• Supervises and controls the work of other supervisory, managerial, or professional personnel;
• Has authority to make personnel hiring and firing decisions; and
• Exercises discretion over day-to-day operations or functions.
An alien can meet the “executive capacity” requirement by providing proof that he or she:
• Directs management of an organization, major component or function;
• Establishes goals and policies;
• Exercises wide latitude in discretionary decision-making; and
• Receives only general supervision from higher executives, board of directors, or stockholders.
Source: http://www.visaus.us/pages/greencard-EB1.htm
PERSON SHOULD NOT BE 'VICTIM OF SPOUSE'
Second, for EB1
EB-1
What is EB-1 status?
First Preference is an employment-based immigrant classification that exempts accomplished aliens recognized as “priority workers” from Labor Certification. Thus, EB-1 aliens may apply for permanent resident status without having to undergo this lengthy, expensive, and uncertain process. The EB-1 visa is divided into three sub-categories:
• Aliens of Extraordinary Ability in the Arts, Sciences, Business, Education, or Athletics (EB-1(a));
• Outstanding Professors and Researchers (EB-1(b));
• International Managers and Executives (EB-1(c)).
Does an alien need an offer of employment?
The EB-1(a) category does not require that an alien have a permanent job offer. An EB-1 alien of extraordinary ability may therefore file an I-140 immigration petition by himself or herself, without an employer sponsor. However, both the EB-1(b) and EB-1(c) categories require that an alien have a permanent job offer. Here, a United States employer must file the I-140 immigration petition on behalf of an outstanding professor or researcher, or an international manager or executive.
For EB-1(a) category,
how can an alien prove his or her “extraordinary ability?
An alien’s “extraordinary ability” in the arts, sciences, business, education, or athletics must be demonstrated by sustained national or international acclaim. His or her achievements must be recognized through extensive documentation in the field, and must represent a level of expertise reached by only a small percentage of people at the very top of the field. For example, evidence of the receipt of a major, internationally recognized award – such as a Nobel Prize or Academy Award – will establish EB-1(a) qualification. Alternatively, without such an award, an alien may establish qualification by producing documentation of at least three of the following:
• Receipt of a lesser nationally – not necessarily United States – or internationally recognized prize or award for excellence in the field;
• Membership in associations in the field that require outstanding achievements by their members;
• Published material in a professional or major trade publication, or in the major media, related to the alien or the alien’s work in the field, or scholarly articles in the field written by the alien and published in a professional journal or in the major media;
• A judicial role – individually or as part of a panel – over the work of others in the field;
• Original scientific, scholarly, or artistic contributions of major significance;
• Display of the alien’s work at artistic exhibitions or showcases;
• Performance of a leading or indispensable role for organizations or establishments with distinguished reputations;
• Past command of a high salary, or other significantly high remuneration, for services performed in the field; or
• Commercial successes in the performing arts.
For EB-1(b) visas,
how can an alien establish status as an outstanding professor or researcher? .................................back to top
Three primary legal requirements must be met by an alien seeking to petition as an “outstanding” professor or researcher, including:
• A tenured or tenure-track teaching or comparable research position with an expectation of long term employment at a United States university or other institution of higher education – if the employer is a private company rather than a university or educational institution, the department, division, or institute of the private employer must employ at least three full-time researchers as well as provide accompanying documentation supporting their accomplishments within the academic field;
• At least three years of relevant teaching or research experience – teaching or research experience obtained while pursuing an advanced degree, such as a Ph.D., may be counted toward this three-year requirement if such teaching or research has been recognized as outstanding; and
• Outstanding scientific or scholarly achievement in a particular field
Evidence that the professor or researcher is recognized as “outstanding” in an academic field must include documentation of at least two of the following:
• Receipt of major prizes or awards for outstanding achievement;
• Membership in associations that require outstanding achievements by their members;
• Published material in professional publications written by others about the alien's work in the academic field, or scholarly books or articles in the field written by the alien and published in scholarly journals with international circulation;
• A judicial role – individually or as part of a panel – over the work of others in the same or allied academic field; or
• Original scientific or scholarly research contributions in the field. .......... back to top
For EB-1(b) visas, how can an international manager or executive establish eligibility for priority worker status?
The following three legal requirements must be met by an alien seeking permanent transfer to the United States as a top-level manager or executive:
• The alien must have been employed in a managerial or executive capacity by a firm or corporation outside of the United States for at least one year within the three years preceding the petition, and he or she must seek to continue employment with a United States branch, affiliate, or subsidiary of the same firm or corporation;
• The firm or corporation must conduct business within the United States and a foreign country in the regular, systematic, and continuous provision of goods or services; and
• The firm or corporation must have been conducting business in the United States for at least one year.
An alien can meet the “managerial capacity” requirement by providing proof that he or she:
• Manages the organization, department, component, or function;
• Supervises and controls the work of other supervisory, managerial, or professional personnel;
• Has authority to make personnel hiring and firing decisions; and
• Exercises discretion over day-to-day operations or functions.
An alien can meet the “executive capacity” requirement by providing proof that he or she:
• Directs management of an organization, major component or function;
• Establishes goals and policies;
• Exercises wide latitude in discretionary decision-making; and
• Receives only general supervision from higher executives, board of directors, or stockholders.
Source: http://www.visaus.us/pages/greencard-EB1.htm
Last edited by a moderator:
PrinceofJungle
New Member
For Eb2
EB-2
What is EB-2 status?
Second Preference is an employment-based immigrant classification available to aliens who are members of professions holding advanced degrees or their equivalent, or who demonstrate exceptional ability in the arts, sciences, or business, such that their services will substantially benefit the national economy, cultural, or educational interests or welfare of the United States. EB-2 aliens generally must have a job offer, and their potential employer must complete the Labor Certification process on the alien’s behalf. However, in cases where an alien can demonstrate that his or her entry is in the national interest, the job offer and Labor Certification requirements may be waived.
What are the legal requirements for holders of advanced degrees?
The employer of an alien professional holding an advanced degree may file an I-140 petition on behalf of the employee when the alien’s job so requires an advanced degree. The petition must include documentation, such as an official academic record showing. For the purposes of qualifying for an EB-2 visa, an “advanced degree” is any United States academic or professional degree, or its foreign academic equivalent, higher than the baccalaureate. This includes masters of arts, masters of science, and doctors of philosophy, or baccalaureate degrees plus five years of aggressive experience in a specialty. Note, however, that experience alone may not substitute for a baccalaureate degree.
This category includes, but is not limited to, the following professions: Accountant, Acupuncturist, Administrative Assistant or Executive, Agriculturist/Agronomist, Animal Husbandry, Assistant Marketing Manager, Attorney, Biochemist, Biologist, Chemist, Chiropractor, Clinical Psychologist, Computer Programmer, Contract Specialist, Corrective Therapist, Corporate President, Dietitian, Economist, Engineer (Ceramic, Electrical, Mechanical), Engineering Consultant, Entomologist, Environmental Epidemiologist, Fire Protection Engineering Technician, Fashion Designer, Forester, General Manager, Geneticist, Geophysicist, Graphic Artist, Hotel Manager, Industrial Designer, Interior Designer, Journalist, Librarian, Manager, Business, Marketing Analyst, Marketing Director, Marketing & Management Director, Mathematician, Medical Doctor, Medical Record Librarian, Medical Research Assistant, Medical Technologist, Minister, Nurse, Nutritionist, Orthopedist, Outreach Worker/Social Worker, Pathologist, Pharmacist, Physicist, President, Business, Senior Marketing Specialist, Senior Program Analyst, Software Engineer, Soil Scientist, Surgical Assistant, Systems Analyst, Teacher, Technical Director, Technical Publications Writer, Translator, Veterinarian, Vice-President, Business, Vocational Counselor, and Zoologist.
How can an alien prove he or she has exceptional ability? ..................... back to top
An alien of “exceptional ability” possesses a degree of expertise significantly above that ordinarily encountered in his or her specialty. To qualify for an EB-2 visa based on exceptional ability in the arts, sciences, or business, the alien must provide documentation of three of the following, or other comparable evidence:
• A degree, diploma, certificate or similar award from a college, university, school, or other educational institution relating to the area of exceptional ability;
• At least ten years of full-time experience in the occupation;
• A license to practice the profession or certification for the particular profession or occupation;
• Past command of a salary or other remuneration for services that demonstrate exceptional ability;
• Membership in professional associations; or
• Recognition for achievements and significant contributions to the industry or field by peers, government entities, or professional or business organizations.
What criteria are necessary to obtain a National Interest Waiver? ................ back to top
An alien may obtain a waiver from the requirement of a job offer and exemption from the Labor Certification process by demonstrating that his or her admission into the United States is in the national interest. Among factors considered in determining this are whether the alien seeks employment in an area of substantial intrinsic merit, whether the proposed benefit will be national in scope, whether employment of the alien has been requested by an interested United States government agency, or whether employment of the alien will otherwise:
• Improve the United States economy;
• Improve wages and working conditions of United States workers;
• Improve education and training programs for United States children and under qualified workers;
• Improve health-care;
• Provide more affordable housing for young, elder, and poorer United States residents; or Improve the United States environment and make more productive use of natural resources.
Source : http://www.visaus.us/pages/greencard-EB2.htm
Good Luck
EB-2
What is EB-2 status?
Second Preference is an employment-based immigrant classification available to aliens who are members of professions holding advanced degrees or their equivalent, or who demonstrate exceptional ability in the arts, sciences, or business, such that their services will substantially benefit the national economy, cultural, or educational interests or welfare of the United States. EB-2 aliens generally must have a job offer, and their potential employer must complete the Labor Certification process on the alien’s behalf. However, in cases where an alien can demonstrate that his or her entry is in the national interest, the job offer and Labor Certification requirements may be waived.
What are the legal requirements for holders of advanced degrees?
The employer of an alien professional holding an advanced degree may file an I-140 petition on behalf of the employee when the alien’s job so requires an advanced degree. The petition must include documentation, such as an official academic record showing. For the purposes of qualifying for an EB-2 visa, an “advanced degree” is any United States academic or professional degree, or its foreign academic equivalent, higher than the baccalaureate. This includes masters of arts, masters of science, and doctors of philosophy, or baccalaureate degrees plus five years of aggressive experience in a specialty. Note, however, that experience alone may not substitute for a baccalaureate degree.
This category includes, but is not limited to, the following professions: Accountant, Acupuncturist, Administrative Assistant or Executive, Agriculturist/Agronomist, Animal Husbandry, Assistant Marketing Manager, Attorney, Biochemist, Biologist, Chemist, Chiropractor, Clinical Psychologist, Computer Programmer, Contract Specialist, Corrective Therapist, Corporate President, Dietitian, Economist, Engineer (Ceramic, Electrical, Mechanical), Engineering Consultant, Entomologist, Environmental Epidemiologist, Fire Protection Engineering Technician, Fashion Designer, Forester, General Manager, Geneticist, Geophysicist, Graphic Artist, Hotel Manager, Industrial Designer, Interior Designer, Journalist, Librarian, Manager, Business, Marketing Analyst, Marketing Director, Marketing & Management Director, Mathematician, Medical Doctor, Medical Record Librarian, Medical Research Assistant, Medical Technologist, Minister, Nurse, Nutritionist, Orthopedist, Outreach Worker/Social Worker, Pathologist, Pharmacist, Physicist, President, Business, Senior Marketing Specialist, Senior Program Analyst, Software Engineer, Soil Scientist, Surgical Assistant, Systems Analyst, Teacher, Technical Director, Technical Publications Writer, Translator, Veterinarian, Vice-President, Business, Vocational Counselor, and Zoologist.
How can an alien prove he or she has exceptional ability? ..................... back to top
An alien of “exceptional ability” possesses a degree of expertise significantly above that ordinarily encountered in his or her specialty. To qualify for an EB-2 visa based on exceptional ability in the arts, sciences, or business, the alien must provide documentation of three of the following, or other comparable evidence:
• A degree, diploma, certificate or similar award from a college, university, school, or other educational institution relating to the area of exceptional ability;
• At least ten years of full-time experience in the occupation;
• A license to practice the profession or certification for the particular profession or occupation;
• Past command of a salary or other remuneration for services that demonstrate exceptional ability;
• Membership in professional associations; or
• Recognition for achievements and significant contributions to the industry or field by peers, government entities, or professional or business organizations.
What criteria are necessary to obtain a National Interest Waiver? ................ back to top
An alien may obtain a waiver from the requirement of a job offer and exemption from the Labor Certification process by demonstrating that his or her admission into the United States is in the national interest. Among factors considered in determining this are whether the alien seeks employment in an area of substantial intrinsic merit, whether the proposed benefit will be national in scope, whether employment of the alien has been requested by an interested United States government agency, or whether employment of the alien will otherwise:
• Improve the United States economy;
• Improve wages and working conditions of United States workers;
• Improve education and training programs for United States children and under qualified workers;
• Improve health-care;
• Provide more affordable housing for young, elder, and poorer United States residents; or Improve the United States environment and make more productive use of natural resources.
Source : http://www.visaus.us/pages/greencard-EB2.htm
Good Luck
victim_of_INS
Registered Users (C)
Excellent POJ
I am not victim_of_spouse but still not eligible .I think based on ur excellent publications on major forum (immigrationportal.com) u are eligible for EB1 (a). 
I am not victim_of_spouse but still not eligible
.I think based on ur excellent publications on major forum (immigrationportal.com) u are eligible for EB1 (a).