Are You Trying to Get a Visa to Work in the United States? Contact Us Today

Living and working in the United States of America is an opportunity of a lifetime for many people. Despite the recent years of conflict and turmoil, the country remains a great center of science, technology, and industry. It is a magnet for talented people who want to work with the best minds and the latest innovations in their field. If you are at the top of your profession and you have been offered an opportunity to work in the United States, you should not be put off by the recent rhetoric you may have heard from certain political leaders. The country is still open for business and continues to seek the best minds and talents from around the world.

Where You May Fit in the Visa Scheme

If you have the right qualifications and expertise, you may fall into the priority workers category of U.S employment visas. A visa gives you the right to permanently reside in the country. People who qualify for the EB-1 priority workers visa include:

-Workers of extraordinary ability

-Persons who are at the top of their field in academia

-Executives in global companies that are being transferred to a U.S. branch or office

As a priority worker, you will have a much easier time of getting a visa than other types of applicants. Your employer will not have to go through the highly complex and burdensome process of getting a labor certification. If you are unique in your field, if no one else does what you do, then you will be able to forgo this part of the application process.

The best way to successfully apply for a visa is to seek legal immigration help. The best legal advice can come in the form of an employment immigration attorney. Your legal counsel will provide you with the advice and guidance you need to get through the process with your dignity and sanity intact.

EB-1 Subcategories

1. Extraordinary ability

If you are someone with exceptional ability in the sciences, arts, education, industry, or athletics, you are eligible for the EB-1 Extraordinary Ability visa. Your achievements and qualifications must be recognized by your peers, and your work must have received serious and sustained fame and acclaim. You do not need a job offer to qualify for this visa. However, you must continue to work in your field after you arrive in the United States.

2. Outstanding professors and researchers

This priority worker subcategory is for those who work in academia. You must have three years of experience as a teacher or researcher in your field. You must also have a job offer from a college or university. The offer must be for a position that is tenured or tenure-track at an institution of higher learning. If you are being recruited by a research organization, the position must be permanent. The organization must have at least three full-time researchers on staff, and it must demonstrate a history of making significant achievements in the field.

3. Multinational executives and managers

If you have been working as an executive for a global company that has offices or branches in the United States, then you can apply for an EB-1 visa. You must have worked outside of the U.S. for at least one of the past three years. If you are now outside of the country, the position you plan to fill in the United States must be managerial or at the executive level. Your employer must also demonstrate the office in the United States is:

-A branch of the global company

-A joint venture in which the parent company has a controlling interest

-Is affiliated with a group of companies that are controlled by the same person

-A majority-controlled subsidiary of the parent company

You must also prove that your role is truly managerial. For the purposes of the visa, the United States Customs and Immigration Service (USCIS) defines a manager as a person who:

-Supervises, regulates, and governs the work of other employees

-Has the power to hire and fire persons under their direction

-Has the authority to run daily operations and make decisions concerning their department

If you are below the level of middle management, then you will not be considered a manager for the purposes of qualifying for an EB-1. However, an exception may be made if you are a highly-qualified professional. In this instance, you can qualify as an executive. According to immigration law, an executive is defined as a professional who:

-Direct the management of the organization

-Establishes goals and policies in the organization

-Has extensive decision-making powers

-Reports to only top-level executives, vice-presidents, or a board of directors

All of these criteria are subject to interpretation, which is why you need a lawyer experienced with EB-1 visas in Los Angeles to help you build your case. Even if you and the company you work with know that you are well-qualified to meet the standards of U.S. immigration law, you must still prove it. A lawyer will have the expertise, insight, and perhaps most important of all experience to help you do so.

You should not underestimate the power of precedence when it comes to getting a visa. Experienced attorneys at Grey Immigration have handled cases like yours all the time. They know the kinds of proof that immigration officials are looking for. They understand how to put together an application package that will actually get approved. Knowledgeable attorneys also understand the frustration that someone who is highly educated, skilled, and accomplished feels by having to go through some of the humiliations of this process. They will earnestly sympathize with your feelings and at the same time be honest and truthful about what you need to do to enter and work in the country.

If you have done exceptional things in your line of work, then you should apply for an EB-1 visa. Your first step should be to contact an immigration labor attorney. Working with an immigration lawyer in Los Angeles will make things easier.