GENERAL DESCRIPTION

Permanent residency (green card) is a permission granted by the U.S. government to reside in the U.S.A. indefinitely and use certain benefits provided to permanent residents. A permanent resident is expected to live in the U.S. and should not abandon his permanent residency.

Permanent residency can be obtained based on different grounds. Our office provides legal advice on the permanent residency based on EB-1 classification.

This path is for professionals who achieved a very high standard in their field – who are on top in the field. Often this classification is described as for individuals with extraordinary abilities in their professional field. Good is not enough to satisfy the standard for EB-1. The ‘standard’ definition varies depending on the field of professional activity.

EB-1 CATEGORIES

• EB-1A: Individuals with extraordinary abilities who received highest international or national recognition in their field (business, athletics, artists, education, etc).
• EB-1B: Professors, researchers and scientists who intend to continue their professional activity in the U.S.: teaching, researching, continuing scientific work with universities, research or scientific institutions.
• EB-1C: International executives and top managers.

EB-1A:

EB-1A Standard: “Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage, who have risen to the very top of the field of endeavor.”

1. NO OFFER OF EMPLOYMENT IS REQUIRED (However, the applicant must demonstrate that she/he will work in the professional area)
2. EVIDENCE:
   1. PRIZE: Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor (Grammy’s, Nobel, etc.). If you are in receipt of such prize, no need to go to point 2.2. OR
   2. AT LEAST 3 ITEMS OUT OF THE FOLLOWING LIST:
      • Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
      • Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
      • Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
      • Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
      • Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
      • Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;
      • Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
      • Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
      • Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
      • Other Evidence.

EB-1B:

EB-1B STANDARD: Professors or researchers who are recognized internationally as outstanding in their academic field.

1. JOB OFFER IS REQUIRED
2. DOCUMENTS EVIDENCING PRIOR TEACHING/RESEARCH EXPERIENCE FOR 3 YEARS
3. EVIDENCE
   1. PRIZE: Documentation of the alien’s receipt of internationally recognized prizes or awards for excellence in the field of endeavor (Nobel, Pulitzer, etc.). If you are in receipt of such prize, no need to go to point 3.2. below. If you are not in receipt of a major prize – go to point 3.2. below OR
   2. AT LEAST 2 ITEMS OUT OF THE FOLLOWING LIST:
      • Receipt of major prizes or awards for outstanding achievement in the academic field
      • Membership in associations in the academic field, which require outstanding achievements.
      • Published material in professional publications written by others about the alien’s work in the academic field.
      • Evidence of the alien’s participation as the judge of the work of others in the same or an allied academic field.
      • Evidence of the alien’s original scientific or scholarly research contributions to the academic field.
      • Evidence of the alien’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field
4. LETTERS FROM RECOGNIZED EXPERTS IN THE FIELD.
5. TAX RETURNS FROM THE HOSTING UNIVERSITY TO SHOW THE ABILITY TO PAY WAGES.

REB-1C:

EB-1C STANDARD: Petitioning employer (foreign or U.S.) needs file a petition for its employee to be classified for EB-1C.

EXPERIENCE. Applicant (Employee) should have experience of working as top-manager or executive with the Petitioning Employer at least 1 year out of the last 3 years preceding filing the petition (outside of the U.S.)*.

1. JOB OFFER FROM THE SAME COMPANY. Petitioning Employer needs to provide a job offer for Applicant (Employee), and Applicant (Employee) needs the intention to work for the Petitioning Employer’s affiliate, division, branch in the U.S.
2. PROSPECTIVE EMPLOYER. The U.S. company, where Applicant (Employee) intends to work has been doing business in the U.S. for at least 1 year.
3. CONNECTION. The prospective employer in the U.S. and the employer where the Applicant (Employee) worked as top-manager / executive need to show either the required connection (affiliates, branch, division, subdivision, etc.)

NOTES

1. Spouse and children (up to 21 y.o.) have a right to obtain permanent residency along with the principal petitioner.
2. This category is a first priority category and the visa usually becomes available for applicants right away (*there are some exceptions to this).
3. Although there is an annual quote for EB-1, in practice it is never used up.

PROCEDURE

1. Immigrant Petition for Alien Worker (I-140) is submitted to USCIS.
2. If the applicant is already in the U.S. – I-485 (Adjustment of Status) can be generally filed, but our office needs to review all related documents and facts in order to determine if this option is available for you.
3. If you are in the U.S., upon approval of your I-140 and submission of your I-485, an interview will be scheduled at USCIS. Upon approval at the interview, your green card will arrive in the mail.
4. If you are outside of the U.S., upon approval of your I-140, you will to undergo to the U.S. Consulate to obtain an immigrant visa. Once you arrive to the U.S. you will get your green card in the mail.

OUR LEGAL SERVICES

1. Our attorneys will review all documents and facts and only then we can make an evaluation of your case. It is our ethical standard to ensure that each of our potential clients takes only educated decision about his/her case.
2. You can request a personal meeting with your attorney in Moscow, Los Angeles or New York or schedule a teleconference via Skype.
3. We will contact your employer (if applicable) and draft the required documents. I-140 (Immigrant Petition for Alien Worker) / I-485 (Adjustment of Status if applicable). We will advise on every step and every document that you are required to submit with your petition.
4. If you file outside of the U.S., we will assist in submission of documents to your local U.S. Consulate. We will prepare your for an interview at the U.S. Consulate.
5. We will work with you on all supporting evidence and documents.
6. We will submit the documents to the immigration authorities, where required. We will contact the immigration authorities about your case.
7. We will be in receipt of all immigration mail correspondence in the U.S.