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The ability to pursue a green card through a National Interest Waiver is enabled by Section 203 (b)(2)(B)(i) of the Immigration and Nationality Act of 1990 and 8 CFR § 204.5. [2] The guidelines as to how to qualify for such a Waiver are developed through USCIS guidance, currently based on a 2016 precedent decision of the USCIS Administrative ...
Priority date is a United States immigration concept – it is the date when a principal applicant first reveals his or her intent of immigration to the US government. For family-sponsored applicants, the priority date is the date an immigration petition, filed on behalf of him or her, is received by the United States Citizenship and Immigration Services (USCIS).
EB-2 is an immigrant visa preference category for United States employment-based permanent residency, created by the Immigration Act of 1990. [1] The category includes "members of the professions holding advanced degrees or their equivalent", and "individuals who because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national ...
The initial visa term varies from three months to five years depending on the U.S. reciprocity schedule with the applicant's country of citizenship. The E-2 visa can be renewed indefinitely and it is possible for the investor to change their legal status to a green card (e.g. EB-1A, EB-2, EB-3 or EB-5).
Unlike most employment based pathways to citizenship, if someone can qualify as an EB-1A alien of extraordinary ability, that person can self sponsor without the need for their employer to sponsor them. A green card can be granted on the basis of an EB-1A (but not an O-1) approval. Once the green card is granted, the standard waiting period of ...
Form I-360 and Form I-526 are the forms used for the EB-4 (religious worker and special immigrant) and EB-5 (investor/entrepreneur) categories. Form I-765 is the form used to apply for an Employment Authorization Document. Unlike the forms above, it is not a petition but an application made directly by the person seeking the EAD.
Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States (Green Card holder). Although a K-1 visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States ...
The first part of the Permanent Labor Certification is the Prevailing Wage Determination (PWD). Before the labor market can be tested to see whether any U.S. workers are willing and qualified to work in a given position for which a foreign citizen is being sponsored, the Department of Labor is required to determine what the average prevailing U.S. wage for that position is.