MY LAW, LLC Immigration & Tax Law Firm
1230 E. Diehl Rd, Ste 106, Naperville, IL 60563 (630) 903-9625 attorney@mylawllc.com
Business Employment Immigration
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1.
H-1B (Specialty Workers) 2.
L-1A (executive/manager) and L-1B (specialized knowledge) for 3.
E-1 (Treaty Traders) and E-2 (Treaty Investors) 4.
O-1 (workers with extraordinary ability in the sciences, arts,
education, 5.
NAFTA (Canadian and Mexican professionals) |
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1.
EB1-1 (aliens who have achieved international or national
acclaim in their field and who have extraordinary ability (i.e., they have
risen to the top of their field). 2.
EB1-2 (researchers who are recognized as being outstanding in
specific academic or applied science fields) 3.
EB1-3 (multinational managers and executives) 4.
EB2-1 (professionals with advanced degrees) 5.
EB2-2 (aliens of exceptional ability) 6.
EB3-1 (skilled workers) 7.
EB3-2 (professionals) 8.
EB-5 (investors) |
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1.
Licensed Physical Therapists 2.
Professional Nurses 3.
Aliens with exceptional abilities in the arts and sciences |
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PERM (Program Electronic Review Management) |
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1.
Preparation of Public Access Files 2.
Set-up and maintenance of LCA tracking systems |
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1.
Form I-9 employment eligibility verification compliance 2.
Unfair Immigration Related Employment Practice compliance |
EB2 National Interest Waiver (NIW)
The U.S. job market has looked bleak for some time and there are no definitive signs of improvement. With fewer job opportunities available, nonimmigrant visa holders should consider some alternatives to H-1B.
One alternative is to apply for a National Interest Waiver (NIW). This classification of immigrant worker does not require a job offer and the alien may self petition. The otherwise required job offer is waived for the sake of the United States’ “national interest.” Upon approval of NIW, the alien will receive a green card.
NIW Requirements
The
applicant must qualify as either an "Advanced Degree Professional" or
an "Alien of Exceptional Ability."
In
order to qualify for an NIW, an alien applicant must demonstrate the following"
1. Alien seeks employment in an area the US has
determined is important such as scientific research
2. That the proposed benefit will be national
in scope (e.g. publications, articles, letters of recommendation).
3. The national interest would be adversely affected if a labor certificate:ion were required for the alien (e.g. urgency, importance of research).
Alien of Exceptional Ability
In
order to be classified as having exceptional ability in the sciences, arts, or
business, the individual must provide documentation of three (3) of the
following:
1. An official academic record showing 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;
2. Letters documenting at least ten years of
full-time experience in the occupation being sought;
3. A license to practice the profession or
certification for a particular profession or occupation;
4. Evidence that the alien has commanded a
salary or other remuneration for services which demonstrates exceptional
ability;
5. Membership in professional associations;
6. Recognition for achievements and
significant contributions to the industry or field by peers, government
entities, professional or business organizations.
Note:
If the above standards do not apply to the petitioner's occupation, other
comparable evidence of eligibility is also acceptable.
