H-1B Visa

H-1b Visa Conversion – Green Card

How To Go From An H-1b Visa To A Green Card

If you have been working in the US under a visa in any type of research, medical, or scientific capacity, you have a great chance of obtaining a Green Card. Your H-1B Visa Conversion – Green Card can be achieved with the right team in your corner.

What Do I Need To Prove To Win My Green Card?

Obtaining your Green Card through an EB-1 or EB-2 visa requires substantial evidence to prove that you meet the legal requirement for being an alien of “extraordinary ability” (EB-1) or the lesser burden of proof for being an alien of “exceptional ability” (EB-2). In fact, if you hold an advanced degree, you may already qualify for an EB-2. Determining whether these visas are an option requires a careful analysis by a qualified immigration attorney.

Am I really an Alien of “Extraordinary” or “Exceptional” Ability?

Most often, people do not realize just how extraordinary and impressive their careers are! By gathering the right evidence, tailoring your resume or CV, and showcasing your career accomplishments and experience to meet the specific requirements for an EB-1 or EB-2 visa, your petition will have the best chance possible for approval by DHS. It is easy to overlook potential evidence, but consider every detail of your professional life from your education and scholarships, to authorship and publications, to press and media, to conferences and symposia, to photographs and promotional materials, to leadership and critical roles you have held, amongst a litany of other supporting documentation.

Evidence List For A Visa

These visas are very document-intensive, and the more evidence you have, the stronger your petition will be. While there are many different evidence categories, as listed below, you will only need to meet two or three of them to be eligible for an EB-1 or EB-2 visa. How you meet these categories and how your evidence is explained to USCIS, however, will be crucial for approval. Hiring an attorney with ample experience will also be integral.

Applying or an EB-1 Visa as an “Alien of Extraordinary Ability”

The primary benefit is that you do not need a petitioner, employment offer, labor certification, national interest waiver, or job to apply. Based on your outstanding career, you can self-petition, or file your own Green Card case without help from anyone else. Many researchers, scientists, and doctors travel to the U.S. on a temporary basis and do not receive a permanent job offer or cannot find a sponsor; an EB-1 visa avoids this problem entirely. These are also “priority” petitions, which do not have any visa backlog.

What Is A National Interest Waiver And When Is It Needed?

A National Interest Waiver is needed for an EB-2 visa if an individual does not have a permanent employment offer or a petitioner who will file a labor certification. Often, labor certifications are lengthy and costly processes, which involve the Department of Labor and cooperation from a petitioning employer; however, like with an EB-1 visa, an individual may self-petition for an EB-2 if his or her work is in the “national interest” of the United States. This means that continued employment will benefit the nation in some manner, most often through scientific, medical, economic, and/or environmental reasons.

What Are The Different Types And Eligibility Requirements For Eb-1 Visas And Eb-2 Visas?

There are many ways to qualify for an EB-1 or EB-2 visa. You can apply for an EB-1 visa as an: 1) Alien of Extraordinary Ability; 2) Outstanding Professor or Researcher; 3) Multinational Manager or Executive. On the other hand, EB-2 visas are reserved for: 1) Aliens of Exceptional Ability and 2) Aliens with Advanced Degrees. Based on the information below, if you feel that you may qualify for one of these visas, a brief consultation with us may be all you need to begin a winning Green Card strategy. Simply click on the link below to schedule a consultation and start discussing your options!

Eb-1 Visa: Alien Of Extraordinary Ability

To qualify, no petitioner, job offer, or labor certification is needed. For approval, an individual must meet 3 of 10 evidence categories:

  • Nationally or internationally recognized prizes, awards, or honors;
  • Membership in outstanding organizations;
  • Published material about the alien in newspapers, magazines, books, or websites;
  • Judging the work of others;
  • Original contributions of major significance in your field;
  • Authorship of scholarly articles;
  • Professional showcases, exhibits, competitions, conferences, symposia;
  • Performance in leading and critical roles for distinguished companies and organizations;
  • High salary compared to others;
  • Commercial success in the arts, athletics, business, or science.

Eb-1 Visa: Outstanding Professors And Researchers

To qualify, a professor or researcher must: a) be internationally recognized as “outstanding” in a specific academic area; b) have three years of teaching or research experience in that area; and c) be offered a permanent or tenure-track employment position. For approval, an individual must meet 2 of 6 evidence categories:

  • Major prizes or awards for outstanding achievement;
  • Membership in outstanding organizations;
  • Published material about the alien in newspapers, magazines, books, or websites;
  • Judging the work of others;
  • Original and significant research projects;
  • Authorship of scholarly articles or books.

Eb-1 Visa: Multinational Managers And Executives

To qualify, a manager or executive must: a) be employed abroad for one out of the previous three years by the same employer or a subsidiary; b) seek to enter the U.S. to render the same services to the same employer; c) be offered a permanent employment position; d) demonstrate that the company is active, conducting business, and truly needs an executive or manager in the United States.

Eb-2 Visa: Alien Of Exceptional Ability

To qualify, an applicant must have a permanent employment offer, labor certification, or national interest waiver, AND meet 3 of 6 evidence categories:

  • Academic Degree relating to the area of exceptional ability;
  • Letter from current or former employer showing 10 years of experience;
  • License to practice profession;
  • High salary compared to others;
  • Membership in professional organizations;
  • Recognition and significant contributions to employment field.

Eb-2 Visa: Aliens With Advanced Degrees

To qualify, an individual must have: a) a graduate school degree above a Bachelor of Arts or Science, OR a Bachelor of Arts or Science degree plus 5 years of professional experience, OR the foreign-equivalent of an advanced degree; and b) a permanent employment offer, labor certification, or national interest waiver.

General List Of Evidence For Eb-1 Visa And Eb-2 Visas

Below, please find a list of evidence to support an EB-1 or EB-2 visa. This is not an exhaustive list; all comparable or similar evidence is accepted by USCIS.

  • Resume/CV: Including all degrees and licenses, honors/awards, detailed description of all previous jobs and experience, research initiatives and publications, membership in organizations, etc. Ideally, a resume for these visas will be 10-20 pages.
  • Biographic documents: Including passport and I-94 Card; Birth Certificate; Marriage Certificate; Birth Certificates for Children; Diplomas and Degrees.
  • Awards, Honors, Grants, Scholarships: Including travel grants, conference and symposia participation, academic scholarships, non-profit awards, scholarly honors, leadership awards, prizes for professional achievements.
  • Membership in organizations and societies: Including membership registration, fee receipts, event participation, promotional materials. Examples include the American Society of Nephrologists, American College of Cardiology, Radiological Society of North America, American Federation of Musicians; International Society of Biomechanics, etc.
  • Press and Published Materials: Including anything written by someone else about your career, such as news, magazine, internet, scholarly journal articles, interviews, profiles, biographies, and promotional materials.
  • Authorship of Publications: Including anything written by you which has been published, such as articles, abstracts, reviews, and research.
  • Judging the Work of Others: Including anything where you have “judged,” supervised, advised, counseled, or assisted someone else in your field, such as peer review experience for scholarly articles, panels you have been part of, conferences and symposia you have attended, advisory roles at work or school, evidence where you have oversaw, reviewed, or supervised someone else’s work.
  • Original Contributions to the Field: Including research proposals, original compositions and patents, research notes, power point presentations, notes/slides, published articles, website sources, discographies, anything to show you have influenced your field of employment.
  • Critical Roles/Leadership Positions: Including all materials to show you have important roles or leadership in work, school, professional organizations, etc.
  • High Salary: Including pay stubs, earning statements, tax returns, contracts, royalty agreements, endorsements.
  • Photographs of Professional Experiences: Including events, conferences, concerts, promotional materials, award shows, honors, symposia, studio work, lab work, exhibitions, festivals, lectures, etc.
  • Recommendation Letters: List of ~5 individuals, with resumes and a brief blurb about how he/she knows you, who would be willing to sign letters in support of your visa petition. Our office prepares these letters.
  • National Interest: Including documents, materials, and articles that show your work is beneficial to the United States and its people, health care, environment, education, economy, or science. Often proven through news articles detailing a shortage of certain doctors or researchers, high costs of health care and education, worsening economy and environmental conditions, beneficial business proposals, etc.

Performing Arts Visa

Need visas because you are planning a tour?

Wanting to grow your career as an artist? Recently finished art school and seeking immigration help?

We feel that as lawyers we must be creative like our clients in order to best showcase their talent. Immigration requirements use the legal term “extraordinary ability.” That means you have to be extraordinary in your art. You probably are extraordinary, and it’s our job and “art” to help you prove that and present your extraordinary ability on the stage of the U.S. immigration (especially because they won’t allow you to perform on their desks!) Instead it’s a carefully crafted presentation of why you are incredible and extraordinary and how the US would lose out on your important artists contributions if you were not able to perform here. Even if you are seeking to renew or change sponsors, these cases are still required to be as polished as your skills.

Neal Richardson Datta Attorney At Law, P.C.

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