Top international professionals may be eligible for green cards through the EB-1 and EB-2 alternatives to PERM labor certification green card process. These slides address the nuts and bolts of these alternative immigrant visa options including Extraordinary Ability, Outstanding Researcher, National Interest Waivers, Multinational Executives/Managers,and more.

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Secrets
to Winning a Green Card for
TOP International Professionals
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Secrets
to Winning a Green Card for
TOP International Professionals

2. 7/20/2014
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Ann M. Badmus Angela M. Lopez Thu T. Nguyen
Presenters
www.cowlesthompson.com
Green Card Application Procedures
Overview of Employment Based Immigrant
Visa Availability
Employment Based (EB) Options for Top
Professionals Nuts & Bolts
Questions & Answers
Webinar Agenda
1
2
3
4
Overview

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Employment Based (EB) Immigrant
Visa (Green Card) Categories
EB-1 Outstanding
Researcher,
Extraordinary Ability,
or Multinational
Executive/Manager
EB-2 National
Interest Waiver for
All Occupations
EB-2 National
Interest Waiver for
Physicians
EB-4 Special
Immigrant Workers
EB Green Card Annual Quotas
(October 1 to September 30)
EB-1 Priority Workers
40,000
EB-2 Advanced
Degree/Exceptional Ability Workers
40,000
EB-3 Professional and Other
Workers
40,000
EB-4 Special Immigrants
10,000
EB-1 Green Card Annual Quota
Facts to Know
7% Country Limit
Country of Birth
Spouse’s Country
of Birth
Quick Fact

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Visa Bulletin – July 2014
Employment-Based
All Chargeability
Areas Except
Those Listed
China-
Mainland
Born
India Mexico Philippines
1st Current Current Current Current Current
2nd Current 07/01/09 09/01/08 Current Current
3rd 04/01/11 10/01/06 11/01/03 04/01/11 01/01/09
4th Current Current Current Current Current
Priority Date = Date of PERM filing
Employment Based Options
for Top Professionals
Nuts & Bolts
EB-1 Categories
Extraordinary Ability
(EB-1A)
Outstanding Researcher
(EB-1B)
Multinational
Manager/Executive
(EB-1C)

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No employer
sponsorship
required but
must show
potential
contribution to
the United
States
Any occupation
can qualify, e.g.
researchers,
physicians,
musicians,
artists, athletes,
entrepreneurs,
and more.
Applicant must
have risen to
the top of the
field and are
nationally or
internationally
renowned.
Extraordinary Ability (EB-1A)
Extraordinary Ability Criteria
Awards Memberships Publications
Featured Articles Judge or Reviewer
Extraordinary Ability Criteria (cont)
Original
Contributions
Leading or Critical
Role for Top
Organizations
High Salary or
Compensation
Display at artistic
exhibitions
Commercial
Success
Other Comparable Evidence – catch all

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Employer
sponsorship
required.
Employment
with university
or company
with at least 3
researchers
and recognition
in field
Applies to
researchers and
professors only,
with 3 years
experience and
permanent,
tenure-track, or
tenured job offer
Applicant must
be recognized
internationally
as outstanding
in a specific
academic area
Outstanding Researcher
(EB-1B)
Outstanding Researcher Criteria
Awards Memberships
Articles about
Beneficiary
Authorship of
Scholarly Articles
Judge or Reviewer
Original
Contributions to
the field
Two Part Analysis for EB-1A and
EB-1B Categories
Kazarian v. USCIS “final merits”
determination – has the alien sustained
national or international acclaim?
EB-1B – Meet minimum of 2 of 6 criterion
EB-1A – Meet minimum of 3 of 10 criterion

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Multinational
employer
required with
operations in
U.S. for at least
one year.
Foreign
company and
U.S. company
must have
qualifying
relationship.
Applies to top-
level managers
and executives
only. Must have
worked with
foreign company
as manager or
executive.
Applicant must
have worked
with company
outside U.S.
for at least one
year in the
three years
before
application or
before entry
into U.S. as
nonimmigrant.
Multinational Executive or Manager
(EB-1C)
No specific job
offer or
employer
required.
Applicant must
intend to be
employed in his
or her
occupation
Applicant must
be Advanced
Degree
Professional or
Exceptional
Ability Alien in
any field
Applicant’s
immigration
must benefit
the national
interest of the
United States.
EB-2 National Interest Waiver
(All Occupations)
Advanced Degree Professional
Master’s degree or
higher; OR
Bachelor’s degree and
five years of
progressive
professional
experience

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Exceptional Ability Alien
Criteria
Degree in related
field
10 years of
experience
Professional
license
Membership in
professional
associations
Compensation
commensurate
with experience
Recognition and
significant
contributions to
the field
Proof of 3
criterion
required
National Interest Analysis
Field of
Substantial
Intrinsic Merit
National Benefit
National Interest
outweighs Labor
Certification
Benefit
No specific job
offer or
employer
sponsorship
required.
However, five
year contract
required.
Applicant must
be physician
practicing
medicine in an
HPSA or MUA
designated
underserved
areas.
State Health
Department
must provide
public interest
letter and may
have reporting
requirements.
EB-2 National Interest Waiver
(Physicians Only)
Physician must complete 5 years of medical
practice in underserved area before green
card is approved.

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Full-time (35
hours/week)
job offer from
tax-exempt
religious
organization
required.
Applicant must
be minister or
professional in
a religious
occupation,
with two years
paid work
experience in
same
denomination.
USCIS will send
investigator to
visit the
religious
organization
before
approving
petition.
EB-4 Special Immigrant
Religious Worker
Green Card Procedures
Step 1 - I-140 Petition for
Immigrant Worker
I-140 Petition for all categories except EB-4 (I-360
Petition)
Employer must prove ability to pay the offered wage
(prevailing wage or higher) – EB-1B, EB-1C, EB-4
Sponsored employee’s qualifications must be
documented, e.g. education, experience
Premium processing option ($1225) for EB-1A and EB-
1B only

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Employer Ability to Pay Wages
Proof of current ability to pay
offered wage can include:
•A statement from the financial officer of
the company, if 100 or more employees
•Copies of the following documents for
the year of and year preceding the labor
certification, if fewer than 100
employees:
•Annual Report
•Federal Tax Returns
•Audited Financial Statements
Step 2 - Immigrant Visa Application
Priority date must be
current, i.e. immigrant visa
number available in the EB
category
Two processing options
• Adjustment of Status petition (in
the U.S.) –
Form I-485
• Consular process (outside the U.S.)
- Form DS-260
Quick Fact
J-1 Waiver Physicians must
complete three year medical
service before applying for
immigrant visa (except for
EB-2 NIW Physician)
Adjustment of Status (I-485)
Present in the U. S. in valid non-immigrant status and no
status violations for more than 180 days
I-485 filed separately for employee and family member with
USCIS
Employment Authorization Document (EAD)/Travel
Authorization Document (Advanced Parole)
Processing time – 6 months or more, depending upon
priority date

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Consular Process (DS-260)
DS-260 Form – file with Department of State
(consulate/embassy) for employee and each family
member
International Travel required – Employee and family
member must attend immigrant visa interview at the
U.S. embassy located in home country
Processing time – 6 months or more, depending upon
priority date and consulate
Tips for Fastest Processing
Determine whether I-485 or DS-230 is best or only option
before I-140 is filed
File I-140 and I-485 applications concurrently, if priority
date is current
Use premium processing for I-140 petition, especially if
consular processing
Track cut-off dates against your priority date monthly at:
http://www.travel.state.gov/visa/bulletin/bulletin_1360.html
Questions?

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What to Do Next?
Facts of each case are different. The
general information provided here
should not be relied and is not legal
advice.
Consult with an experienced
immigration attorney to get the
right advice for your specific
circumstances.
Cowles & Thompson, PC
901 Main Street
Suite 3900
Dallas, Texas 75202
214-672-2000
immigration@cowlesthompson.com
www.cowlesthompson.com
www.badmuslaw.com
www.physicianimmigration.com
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