Goss Associates
Immigration Law

Priority Workers

Priority Workers

EB-1A: Alien of Extraordinary Ability – Immigrant Visa

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. Evidence must meet 3 of the 10 criteria*, or provide evidence of a one-time achievement (ie: Pulitzer Prize, Oscar, Olympic Medal).

There is no labor certification required for this type of application.

Type of evidence required strongly depends on your field and should support that you have sustained national or international acclaim.

*Please contact us to discuss criteria further

EB-1B: Outstanding Professor or Researcher – Immigrant Visa

You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years’ experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education. You must include documentation of at least 2 of the 6 criteria* and have an offer of employment from the prospective US employer.

There is no labor certification required for this type of application.

This category is more restrictive than other priority workers due to the fact that it requires a permanent teaching or research position.

*Please contact us to discuss criteria further

EB-1C: Multinational Manager or Executive – Immigrant Visa

You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer. Your petitioning employer must be a US employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

There is no labor certification required for this type of application.

EB-2 National Interest Waivers – Immigrant Visa

This is an immigrant visa that has several requirements in order to waive the labor certification. USCIS relies on a 1998 Administrative Appeals Office precedent decision setting forth a three-prong test for evaluating requests for this classification.

The first requirement is that you must show you plan on working in the US in an area of substantial intrinsic merit.

The second requirement is that you must show that the proposed impact of your work is national in scope. You must demonstrate that the proposed benefit to be provided will reach a national level.

The third requirement is you must show that waiving the labor certification process is done in order to protect the national interests of the US. You will need to show that the benefits offered outweigh the benefits of the labor certification process to US workers.

EB- 2 Advanced Degree Professionals – Immigrant Visa

An advanced degree of a Master’s degree of higher must be required by the position offered. Education plus experience may be considered.

Labor certification is required.

Extraordinary Ability – O-1 Nonimmigrant Visa

Defined as having “extraordinary ability” in the sciences, arts, education, business, or athletics. Must have evidence of sustained national or international acclaim. Requires extensive documentation. Qualified applicants are eligible for periods of up to 3 years, with no limit on the number of extensions.

L-1 Visa – Nonimmigrant Visa

There are two options within the L-1 nonimmigrant visa category:

L-1A Intracompany Transferee Executive or Manager allows executives or managers abroad to come work in a US office location, or in some situations to set establish a US location.

L-1B Intracompany Transferee Specialized knowledge allows an employer to transfer a processional employee with specialized knowledge relating to the organization’s interests.

There are several requirements for an L-1 visa including demonstrating a qualifying relationship and proving sufficient physical space or setting up a new space. The employee must be working in an executive or managerial capacity for at least one full year within the last three years. USCIS requires significant evidence for this visa type, and has a high rate of requesting further information.