Immigration Attorneys / Immigrant Visas –
Neil A. Weinrib & Associates (NAWlaw)

Note: EB-2 and EB-3 classifications require:

• Filing of a PERM Labor Certification demonstrating a shortage of U.S. workers
• Once PERM application is approved, filing of I-140, Immigrant Petition for Alien Worker
  • Some applicants may file their Immigrant Visa Petition and Adjustment of Status Application concurrently
• Once you have reached your priority/filing date you may file the Application for Adjustment of Status to Permanent Residence (Green Card) – According to recent USCIS policy, green card applicants are now being interviewed

The EB-1 Preference Category consists of:

1. Persons of extraordinary ability
   • you are allowed to self-petition
   • must demonstrate extraordinary ability in sciences, arts, education, business, or athletics through sustained national or international acclaim
   • must have extensive documentation or highly detailed reference letters
   • must be coming to U.S. to continue work in “an extraordinary capacity”
2. Outstanding Professors and Researchers
   • must be internationally recognized as outstanding in your academic field
   • must have three years teaching/researching experience in your field
   • must take a tenure or tenure, track position, or comparable research position at a university or other institution of higher education
   • if you are being hired by a private company, the company must employ full-time at least three other persons who engage in research activities and have achieved documented accomplishments
3. Executives and Managers of multinational employers
   • must have been employed in a managerial or executive capacity for at least one out of the past three years with the company for whom you are working

The EB-2 Preference Category consists of:

1. Persons of exceptional ability
   • must benefit prospectively the national economy, cultural or educational interests, or welfare of the U.S.
   • must have a job offer from a U.S. employer to provide services in the arts, sciences, professions, or business.
   • most require the approval of a PERM Application
2. Persons whose jobs require an advanced university degree or its equivalent

Note: Individuals may self-petition under the EB-2 category for a “National Interest Waiver.” This generally requires:

• you plan on working in the United States in an area of substantial intrinsic merit
• you must show that the proposed impact of your work is national in scope
• you must show waiving the labor certification requirement would benefit the national interests of the United States

The EB-3 Preference Category consists of:

1. Professionals
2. Skilled workers
3. Unskilled workers

The EB-4 Preference Category consists of:

1. Religious workers
   • must have been a member of a bona fide non-profit religious denomination for at least two (2) years prior to filing
   • must have been continuously working for the past two years in a religious capacity
   • must seek to carry out such religious occupation of the employer’s denomination
2. Other “special immigrants”

The EB-5 Preference Category consists of:

1. Investors
   • must invest $1 million in a new commercial enterprise and create ten (10) jobs for U.S. workers
     • if the enterprise is located in a rural or high-employment area, the amount invested is reduced to $500,000
   • subject to a 10,000 visa cap