Need Help Getting a New York Green Card?
Each year in the U.S., an average of 140,000 employment-based immigrant visas are available for eligible foreign nationals and their immediate family members who want to immigrate to the country based on their education and skills. To qualify for an employment-based immigration visa, you must meet the experience, education, and skills requirements for the particular type of employment visa you are seeking. Employment visas can be a path to lawful permanent resident status, and there are five preference categories for employment-based visas available in the U.S.
A New York immigration lawyer at Oltarsh & Associates can help would-be immigrants and companies that wish to employ them understand the different types of employment visas and their requirements. Recently, the U.S. Citizenship and Immigration Services (USCIS) announced that an unusually high number of certain preference categories of employment-based green cards are available from Oct. 2021 to Sept. 2022.
USCIS Announces Extra Visas
The USCIS announced that an unusually large number of visas are available to workers in the first and second preference categories of employment this year. The agency stated that they have more employment-based green card categories available than the currently pending adjustment of status applications the agency has received.
The USCIS stated that eligible immigrants should apply in the first- or second preference category. It also recommended that immigrants with approved or pending petitions and a pending adjustment of status application based on the third preference category should consider asking the USCIS to transfer the underlying basis of the application to the second preference category if eligible.
The announcement by the USCIS means that many more people might be able to adjust their statuses and obtain green cards as lawful permanent residents. People who are working in New York on employment visas who are eligible to adjust their status should speak to a New York immigration lawyer at Oltarsh & Associates as soon as possible.
First Employment Preference Category: EB-1
The EB-1 visa is available to people who have recognized and extraordinary abilities in athletics, business, education, the arts, or the sciences. This category includes those who have received international acclaim and have been extensively recognized for their achievements in their respected fields. For example, receiving an award such as an Oscar, Pulitzer prize, or Olympic medal would likely qualify a person for an EB-1 visa.
There are also ways for people to secure EB-1 visas when they can show three of the following 10 types of evidence of their extraordinary abilities:
- Receiving lesser national or international awards
- Membership in organizations that require outstanding achievements
- Publications about the person in major trade or professional publications
- Proof that the individual has served as a judge over the work of others
- Original contributions of major significance
- Scholarly articles published in major trade or professional journals
- Evidence that the person’s work has been displayed at artistic showcases or exhibitions
- Performance of a critical or legal role in a distinguished organization
- Commanding a substantially higher salary than others in the field
- Great commercial success in the performing arts
Submitting evidence in three or more of the above-listed categories only meets a threshold for falling into the EB-1 preference category. The USCIS evaluates the strength of the submitted evidence, and the applicant is compared to his or her peers in the field instead of the population at large. In this category, immigrants are allowed to self-petition and do not need a sponsoring employer to petition on their behalf.
Second Preference Category: EB-2
The EB-2 visa is the second preference category of employment-based visas. These visas are meant for people who hold advanced degrees or have exceptional abilities in business, the arts, or the sciences. In this category, people do not need a labor certification when they obtain a national interest waiver to obtain lawful permanent resident status. The national interest waiver might be granted to people who have exceptional abilities and whose U.S. employment would provide significant benefits in education, the national economy, or the cultural interests of the U.S.
Talk to Oltarsh & Associates
If you are present in the U.S. on an employment-based visa and believe that you might be eligible to adjust your status under the first- or second employment preference categories, you should speak to the attorneys at Oltarsh & Associates about how to get a New York green card. Call us today to schedule an appointment at 212-944-9420.