The Case for Rare Technical Skills
The EB-1 immigrant visa category is the most desirable option for obtaining permanent residency (also known as a green card) in the United States among all the employment-based immigration options. The EB-1 team at Klasko is adept at serving these highly-skilled professionals in successfully bringing their talents to the United States.
Employment-based immigration does not necessarily mean employer-sponsored; rather, it means the condition for migration is the individual’s intention to continue to work in their field. For example, employment-based immigration includes self-petition options for extraordinary ability (EB-1A) and for advanced degree professionals whose migration is in the national interest, also called the national interest waiver (EB-2 NIW).
There are three subcategories for the EB-1 immigrant visa. The criteria flexibility makes many of these categories a viable option for individuals in virtually any industry including science, technology, business, athletics, and the arts.
EXTRAORDINARY ABILITY (EB-1A)
The Extraordinary Ability category is one of the fastest methods for obtaining an employment-based visa because there is no requirement for a PERM Labor Certification, or a job offer from a U.S.-based employer. Preparing the petition can be an intensive process and the criteria can be difficult to meet, particularly for those still early in their career. Therefore, it is important to have a knowledgeable team to assist to help put together a strong petition for the best chance of success.
OUTSTANDING PROFESSOR OR RESEARCHER (EB-1B)
This category also does not require the PERM Labor Certification, but applicants must be sponsored by a qualifying U.S. employer offering them permanent employment. The criteria can also be very difficult to meet as it takes years to build the experience (3 years minimum) and evidence.
MULTINATIONAL EXECUTIVES AND MANAGERS (EB-1C)
This category also requires a sponsoring U.S. employer but has different criteria than EB-1A and EB-1B. Beneficiaries are either an executive or manager and must have been employed in an overseas company in this capacity for at least one of the preceding three years of employment. The U.S. company must be related to the overseas company, for example, a branch or subsidiary.
In addition to the three EB-1 Immigrant Visa options, there are two alternatives foreign nationals can consider: the EB-2 National Interest Waiver and the O-1 Nonimmigrant Visa.
EB-2 NATIONAL INTEREST WAIVER (NIW)
Individuals at an earlier stage in their career may self-sponsor to obtain an NIW for an EB-2 immigrant visa based on their prior accomplishments and the benefits of their work to the national interests of the United States. No job offer or employer sponsorship is required and the criteria to meet are a bit more flexible but are still very difficult to meet. The EB-2 NIW is an immigrant visa petition, which means it does lead to a green card.
The O-1 visa is a nonimmigrant visa, which means it is a temporary visa and does not lead to a green card. The criteria and petition process are very similar to a petition in the EB-1 category but the visa requires employer sponsorship. The O-1 visa can be initially granted for a period of stay of up to three years and extensions can be requested.
KILP has a carefully crafted EB-1 team supported by a dedicated team of technical writers specifically and exclusively trained in the time- and work-intensive petitions for individuals of extraordinary ability. As an EB-1 client, you will be assigned a specialized EB-1 team to guide you through each step of the process.
KILP attorneys develop creative solutions to complex problems to ensure our clients’ immigration needs are successfully met. Our skilled team of seasoned EB-1 immigration lawyers can help determine the best path of employment-based immigration for you and assist in completing the necessary documentation to get approved for an EB-1 or NIW green card.
Your assigned EB-1 team works closely with you to prepare a petition that reflects how your achievements meet the EB-1 and/or EB-2 regulatory standards. In addition, we assist your referees in framing your achievements in terms a layperson will understand. Our industry-leading success rates can be attributed to the extensive time the team will spend understanding the nature and significance of your achievements. Your assigned technical writer is fully trained in translating very technical concepts in a way the immigration adjudicators will understand and value. These detailed explanations, coupled with corroborating documentation, provide a clear picture of your accomplishments that will show just how extraordinary you are.
OTHER CORPORATE IMMIGRATION SERVICES
KILP attorneys also provide other related employment-based immigration business services including global immigration, worksite compliance, and litigation. The firm has specialized teams for these services.
- Global Immigration provides global mobility services for multinational companies with branches in the U.S. transferring employees overseas
- Worksite Compliance provides compliance services for any-sized employers like training and conducting I-9 self-audit, as well as responding to federal agency audits, investigations, and enforcement-related litigation
- Business Immigration Litigation can be a powerful tool to hold federal agencies accountable for unreasonable delays and unfair adjudication tactics.
We do not believe in a one-size-fits-all approach, usually offering multiple solutions to difficult problems presented by clients. We are particularly respected for our cutting-edge solutions to difficult business immigration problems. Our client feedback consistently ranks our extreme responsiveness as a highly valued feature of our service model.