Patricia is a highly accomplished attorney with a deep understanding of the complexities of immigration law.  She holds a Juris Doctorate from a renowned law school and has dedicated her career to helping clients from various backgrounds secure their desired employment visas. Her commitment to excellence and client-centered approach has made her a sought-after professional.

The employment-based immigrant visa categories EB-1, EB-2, and NIW (National Interest Waiver) are designed for foreign nationals who possess exceptional abilities, have advanced degrees, or can contribute significantly to the national interest of the United States.  The EB-3 visa category is for persons with or without a bachelor’s degree.

The EB-1 category is reserved for individuals who demonstrate extraordinary ability, are outstanding professors or researchers, or are multinational managers or executives. To qualify for EB-1, you must meet specific criteria and provide extensive evidence of your achievements in your field.

Extraordinary Ability

You must show extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated through sustained national or international acclaim. You must meet specific requirements and provide evidence such as major international awards, membership in elite organizations, published material about you, etc.

Outstanding Professors or Researchers

This category is for individuals who have three years of experience and are recognized for their achievements in academia. You must have a job offer from a U.S. employer for a tenure track or tenured position and meet certain criteria related to your work experience, publications, and recognition in your field.

Multinational Managers or Executives

This category is for managers or executives who have been employed outside the United States for at least one year in the three years preceding the petition by a multinational company. You must have a job offer from a U.S. employer, and the U.S. employer must be affiliated with the foreign company.

EB-2 Employment-Based Second Preference

The EB-2 category is for individuals with advanced degrees or exceptional abilities in the sciences, arts, or business. Mostly, a job offer and labor certification from the U.S. Department of Labor (PERM) are required for EB-2. However, individuals who receive a National Interest Waiver (NIW) receive a waiver of the job offer and labor certification requirement.

National Interest Waiver (NIW)

The National Interest Waiver (NIW) category allows individuals with an advanced degree to bypass the labor certification process and job offer requirement if their proposed area of employment is in the national interest of the United States and therefore, merits a waiver. To qualify for an NIW, you must demonstrate that your work has substantial merit and national importance and that you are well-positioned to advance the proposed endeavor.  STEM Ph.D. graduates are presumed to be well-positioned and their proposed work projects are presumed to have substantial merit.

It’s important to note that the employment-based visa categories have specific requirements, and the process can be complex. Consulting with an immigration attorney like Patricia B. Minikon, or a qualified professional is highly recommended to aid you in navigating the application process successfully and increase your chances of obtaining the desired visa.

EB-3 Employment-Based Third Preference

The EB-3 category is for individuals who have no degree, low-skill positions, and individuals with an associate or bachelor’s degree.  The wait for visas is the longest in the EB-3 category.  There are three categories of jobs covered by this visa: skilled workers, professionals, and other workers. The other workers category is for unskilled positions requiring no more than 2 years of experience.  The skilled workers category is for those jobs that require at least 2 years of experience. The Professionals category are positions that require a bachelor’s degree.

EB-1 Visa

EB-1 Extraordinary Ability Examples

The EB-1 visa category is an employment-based immigrant visa, which means it leads to lawful permanent residence (green card) in the United States. Once an EB-1 visa is approved, the individual can apply for an adjustment of status or consular processing to obtain a green card.

EB-1 Visa Requirements

The specific requirements for the EB-1 visa category depend on the subcategory under which the individual is applying (Extraordinary Ability, Outstanding Professors or Researchers, or Multinational Managers or Executives). Each subcategory has its own criteria, evidence requirements, and eligibility standards. Consulting with an immigration attorney, Patricia B. Minikon, is recommended for detailed information regarding the specific requirements.

EB-2 Visa Requirements

The general requirements for an EB-2 visa include the following:

Advanced Degree

A master’s degree or higher (or its foreign equivalent), or a bachelor’s degree and at least five years of progressive work experience.

Exceptional Ability

Documentation of exceptional ability in the sciences, arts, or business through academic achievements, professional licenses, publications, memberships in professional associations, etc.

EB-2 Processing Time by Country

The processing time for EB-2 visas can vary depending on the applicant’s country of chargeability. The Visa Bulletin, published monthly by the U.S. Department of State, provides information on each country’s priority dates and visa availability.

NIW Lawyer and Evaluation

National Interest Waiver Examples:

Examples of National Interest Waiver cases can vary widely, as they are based on the specific merits and national importance of the individual’s work. Some examples include research in critical scientific areas, development of new technologies with significant economic impact, or work in fields related to national security.

National Interest Waiver Processing Time

The processing time for a National Interest Waiver petition can vary and typically takes a year from the time of filing until a decision is made.

The selection of the best NIW attorney, someone like Attorney Minikon, depends on personal preferences, needs, and circumstances. It’s recommended to research and consult with multiple immigration attorneys to find the one that best suits your specific requirements. Online directories and legal referral services can help you find Minikon Law, LLC if your search is for “NIW best attorneys near me.”