— Our Services —
Confront Legal Hurdles with a Suitable Match.
Our attorneys will carefully listen to your needs and provide adequate legal options that best addresses your concern. We help clients review their immigration applications and advise on the requirements from USCIS. We update our clients with new regulations and guidelines as it pertains to their cases and ensure that our clients are well informed before taking any legal steps.
EB-1
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. It is an employment-based visa that allows you as a non-US citizen to work and live in the United States.
To demonstrate that you qualify for EB-1 Extraordinary Ability, you must show that you have a recognized national or international acclaim in your field of expertise. It may be either a one-time major internationally recognized award achievement or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):
a) Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
b) Evidence of your membership in associations in the field which demand outstanding achievement of their members
c) Evidence of published material about you in professional or major trade publications or other major media
d) Evidence that you have been asked to judge the work of others, either individually or on a panel
e) Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
f) Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
g) Evidence that your work has been displayed at artistic exhibitions or showcases
h) Evidence of your performance of a leading or critical role in distinguished organizations
i) Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
j) Evidence of your commercial successes in the performing arts
In order to demonstrate you are an outstanding professor or researcher, you must include evidence of 2 of the 6 listed criteria below (or comparable evidence if any of the criteria do not readily apply):
a) Evidence of receipt of major prizes or awards for outstanding achievement
b) Evidence of membership in associations that require their members to demonstrate outstanding achievement
c) Evidence of published material in professional publications written by others about the noncitizen’s work in the academic field
d) Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
e) Evidence of original scientific or scholarly research contributions in the field
f) Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer.
The employer filing for you must be a U.S. employer and must intend to employ you in a managerial or executive capacity. The petitioner must have been doing business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capacity.
No labor certification is required for people qualified under this group.
OALegal Solutions will meet with you to discuss how you best qualify under any of these criteria. We will help you determine if your awards or achievements qualify under any of the above criteria. If you qualify for more than one of the above criteria, we will advise you on which one best fits situation. Give us a call today.
EB-2 NIW
This is an employment-based visa available to foreigner who are members of professions holding an advanced degree or its equivalent. This visa is also available to a person with exceptional ability. Your employer must first apply for permanent employment certification before you can apply for EB-2 visa. Although, you can by-pass this requirement if you petition for a National Interest Waiver. Before Petitioning.
You need official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
If a doctoral degree is customarily required, you must have a United States doctorate or foreign equivalent degree
Without the National Interest Waiver, your employer must first obtain a PERM certificate through the Department of Labor.
You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” You must meet at least 3 of the criteria below.
a) Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
b) Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
c) A license to practice your profession or certification for your profession or occupation
d) Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
e) Membership in a professional association(s)
f) Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
g) Other comparable evidence of eligibility is also acceptable.
If your employment would be in the national interest of the United States, you may apply for a national interest waiver (NIW) as a part of your EB-2 petition. Holders of EB-2 NIW visas are regarded as U.S permanent residents.
Those seeking a national interest waiver are requesting that the job offer, and thus the labor certification, be waived because it is in the interest of the United States. The endeavors that qualify for a national interest waiver are not defined by statute; instead, USCIS considers the 3 factors below.** Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them).
a) The proposed endeavor has both substantial merit and national importance.
b) You are well positioned to advance the proposed endeavor.
c) On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
1.Consultation regarding your Petition:
2. Review and Advise on Viable Recommenders:
3.Drafting the Recommendation Letters:
4.Drafting the Petition Letter:
5.Preparing and Filing the PetitionPackage:
6.Responding to RFE (RequestforEvidence) or NOID (Notice of IntenttoDeny) WithoutExtra Charge:
Schedule A
Schedule A occupation are jobs that the Department of Labor has predetermined that there are not sufficient U.S. workers who are able, willing, qualified, and available pursuant to regulation. This also includes sheepherders. You can get a visa under this category if you have one of these jobs and your employer is willing to submit a petition on your behalf to USCIS with an uncertified ETA Form 9089 for Schedule A consideration. An employer need not conduct a test of the labor market or apply for permanent labor certification with the Department of Labor under this category once such employer apply for Schedule A designation.
a) The employer must offer full-time permanent employment to the beneficiary.
b) The employment must be in one of the occupations categorized as a Schedule A occupation.
c) The employer must offer the beneficiary at least the prevailing wage.
d) The employer must provide notice of the position(s) it seeks to fill to the employer’s bargaining representative, if applicable, or its employees.
e) The beneficiary must meet the specific USCIS eligibility requirements.
• Group I – physical therapists and professional nurses; and
• Group II – immigrants of exceptional ability in the sciences or arts, including college and university teachers, and immigrants of exceptional ability in the performing arts.
OALegal Solutions will meet with you to discuss how you best qualify under any of these criteria. We will help you determine if your awards or achievements qualify under any of the above criteria. If you qualify for more than one of the above criteria, we will advise you on which one best fits situation. Give us a call today.
FAMILY BASED VISAS
Visas are always available for immediate relatives of U.S. citizens. This means your family member does not need to wait in line for a visa. If you are a spouses of U.S. citizens, an unmarried child of a U.S. citizen below the age of 21 or you are a parents of U.S. citizens who is not younger than 21 years old, you may be eligible for immediate relative visa. Our firm will help you gather all the necessary documents that is required by the USCIS. We will prepare your Form I-130 and get you ready for interview with the USCIS.
You are also eligible for 2nd preference visa if you are a spouses of U.S. permanent resident, an unmarried child of a U.S. permanent resident.
We will review your relationship with your family here in the United State and advise you on which of the type of visa that applies to you. If you are already in the United State, we can help you with the adjustment of your status to a permanent resident. Give us a call today.