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I-140 Petition

EXTRAORDINARY ABILITY

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There are very specific types of evidence which the United States Citizenship and Immigration Services (“USCIS”) will accept as proof of your extraordinary ability. Please keep in mind that “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, and therefore is not easily obtained.” The regulations require that an individual who seeks classification as a person of extraordinary ability must submit at least three of the following types of proof that you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise:

  1. A major internationally recognized award (e.g. Nobel Prize or Oscar);
  2. Documentation of your receipt of lesser nationally or internationally recognized prizes or award for excellence in the field of endeavor;
  3. Documentation of your membership in associations in the field for which classification is sought (art or architecture), which membership requires outstanding achievements of its members, as judged by recognized national or international experts in their disciplines or files;
  4. Published material about you in professional or major trade publications or other major media, relating to your work in the field for which classification is sough (art or architecture). This evidence must include the title, date, and author of the material, and any necessary translations;
  5. Evidence that you have participated, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
  6. Evidence of your original artistic contributions of major significance in the fields of art or architecture;
  7. Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media;
  8. Evidence of the display of your work in at artistic exhibitions or showcases;
  9. Evidence that you have performed a leading or critical role for organization or establishments that have a distinguished reputation;
  10. Evidence that you have commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
  11. Evidence of commercial successes in the performing arts, as shown by box office receipts, or record, cassette, compact disc or video sales.
We must also submit evidence that you will continue to work in the field of business once you are granted permanent resident status. We can submit letters from prospective employers or even a statement from you detailing your plans for continuing your work here to meet this requirement.
EXCEPTIONAL ABILITY AND THE NATIONAL INTEREST WAIVER

The second preference immigrant classification also permits a person of “exceptional ability in the sciences, arts, or business” to qualify for a waiver of the job offer and labor certification requirements. “Exceptional Ability” has been defined as possessing a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. To prove your qualification for this category, we would need to show at least three of the following:

  1. An official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, or other institution of learning relating to the area of exceptional ability;
  2. Evidence in the form of letter(s) from current or former employer(s) showing that you have at least ten years of full-time experience in the occupation for which you are being sought;
  3. A license to practice the profession or certification for a particular profession or occupation;
  4. Evidence that you have commanded a salary or other remuneration for services which demonstrate exceptional ability;
  5. Evidence of membership in professional associations; or
  6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

NATIONAL INTEREST WAIVER

The most difficult part of this process, however, is the “national interest” waiver of the labor certification requirements. Congress has determined that the USCIS may waive the requirements of a job offer, and thus a labor certification, for advanced degree holders and persons of exceptional ability in business, if that waiver would be in the “national interest.” Neither Congress nor the USCIS has ever officially defined “national interest,” although recent interpretive decisions by the Administrative Appeals Unit of the USCIS, and other sources, give some guidance on what the USCIS is likely to consider “in the national interest.”

In its most authoritative decision to date on this question, the USCIS has noted several factors which may be considered in applying the national interest test to an alien of exceptional ability in business. These factors are:

  1. Improving the U.S. economy;
  2. Improving wages and working conditions of U.S. workers;
  3. Improving education and training programs for U.S. children and under-qualified workers;
  4. Improving health care;
  5. Providing more affordable housing for young and/or older, poorer U.S. residents;
  6. Improving the environment of the U.S. and making more productive use of natural resources; or
  7. A request from an interested U.S. government agency.

The proof of the seven factors noted above varies widely depending on the occupation of the person applying for the waiver. In addition to the required forms, we would like to submit some or all of the items listed below. In addition to this evidence, we will submit a cover letter/brief summarizing the evidence and arguing why waiver of the job offer/labor certification requirement would be in the “national interest.”

Although this is a rather brief synopsis of complex process, it does convey the quality and quantity of documentation we should submit. I am sure you also understand the vagaries of the USCIS and the possibility of incorrect decisions. For this reason, we want to present USCIS with the most complete and detailed petition possible. We would also require your assistance is gathering some of the letters and information described above, as well as completing the enclosed background questionnaire.

To the extent you have any additional publications, or have any additional evidence satisfying the categories outlined above, please let me know immediately so that I can direct your effort to obtain proper documentation.

If you would like further information about specific case scenarios or situations, please call our office or email us at [email protected] to speak to one of experienced immigration attorneys.

Extraordinary Ability National Interest Sample Letter

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ON LETTERHEAD OR NAME AND ADDRESS
TO BE RETURNED DIRECTLY TO KUCK CASABLANCA LLC
DO NOT SEND TO IMMIGRATION

[DATE]

Director
Texas Service Center
Immigration & Naturalization Service
P.O. Box 152122, Dept “A”
Irving, TX 75015-2122

Dear Director:

I understand that you are considering a National Interest Waiver Immigrant Visa Petition from Mr.__________. I am well acquainted with Mr. _______, as I have worked extensively with him in [DESCRIBE HOW YOU KNOW MR. _______].

Before I address the impact of Mr. _______’s presences in the United States, a short synopsis of my own expertise and background is in order. [PLEASE INSERT A TWO TO THREE PARAGRAPH DESCRIPTION OF YOURSELF ESPECIALLY FOCUSING ON YOUR BACKGROUND IN THE AREA OF EXPERTISE, EITHER PRIVATE OR PUBLIC, AND ATTACH A RESUME TO THE LETTER.] My attached resume/biography further details my employment background and expertise.

[PLEASE INSERT A BRIEF DESCRIPTION OF THIS AREA OF EXPERTISE IN THE UNITED STATES, FOCUSING ON THE CURRENT WORK BEING DONE BY YOU THAT IS RELATED TO MR. _______’S WORK].

Mr. _______’s knowledge and understanding of [INSERT AREA OF EXPERTISE] are extremely beneficial to and needed by United States. [DESCRIBE WHO NEEDS THIS EXPERTISE AND WHY]. Without someone of Mr. _______’s background and prestige, the United States’ impact in this area will be [DESCRIBE EFFECT IF MR. _______ IS NOT GRANTED PERMANENT RESIDENCE AND IS NOT ALLOWED TO STAY IN THE U.S.]. Mr. _______’s presence in the United States as an _________________________ will facilitate and enhance our standing and will certainly lead to [DESCRIBE PROSPECTIVE RESULTS OF MR. _______’S WORK AND WHY THAT WOULD BE HELPFUL TO THE UNITED STATES].

I appreciate your time in considering this letter. If I can be of further service, please contact me.

Very truly yours,

[NAME AND TITLE]

Extraordinary Ability Sample Letter from Colleague

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ON LETTERHEAD OR NAME AND ADDRESS
TO BE RETURNED DIRECTLY TO KUCK IMMIGRATION PARTNERS LLC
DO NOT SEND TO IMMIGRATION

[DATE]

Director
INS Service Center

Dear Director:

I understand that you are considering an Extraordinary Ability Immigrant Visa Petition from ___________. I am well acquainted with _______________, as I have worked extensively with him in [DESCRIBE HOW YOU KNOW _______________].

Before I address the impact of _______________’s work in the United States, a short synopsis of my own expertise and background is in order. [PLEASE INSERT A TWO TO THREE PARAGRAPH DESCRIPTION OF YOURSELF ESPECIALLY FOCUSING ON YOUR BACKGROUND IN THE AREA OF EXPERTISE, EITHER PRIVATE OR PUBLIC, AND ATTACH A RESUME TO THE LETTER.] My attached resume/biography further details my employment background and expertise.

[PLEASE INSERT A BRIEF DESCRIPTION OF THE CURRENT STATUS OF THIS AREA OF RESEARCH IN THE UNITED STATES, FOCUSING ON THE CURRENT RESEARCH BEING DONE BY YOURSELF THAT IS RELATED TO _______________’S WORK].

_______________’s knowledge and understanding of [INSERT AREA OF EXPERTISE] are desperately needed by United States. [DESCRIBE WHO NEEDS THIS RESEARCH EXPERTISE AND WHY]. Without someone of _______________’s background and prestige, the United States’ research in this area will be severely and negatively affected. [DESCRIBE WHY WITHOUT HIS/HER ASSISTANCE THE U.S. WOULD LOSE VALUABLE TIME AND EXPERTISE]. _______________’s presence in the United States as a researcher and scientist will facilitate and enhance our standing and will certainly lead to [DESCRIBE PROSPECTIVE RESULTS OF _______________’S WORK AND WHY THAT WOULD BE HELPFUL TO THE UNITED].

I appreciate your time in considering this letter. If I can be of further service, please contact me.

Very truly yours,

[NAME AND TITLE]

SUPPORT DOCUMENTATION FOR O-1 PETITION

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A. CORPORATE (prospective U.S. employer):
  1. Certificate and Articles of Incorporation;
  2. Employer’s Federal Tax Identification Number;
  3. Current annual report and/or audited financial statement, or federal corporate income tax return;
  4. Any available promotional pamphlets and brochures which describe the company and its various products, service, etc;
  5. A complete job description for the individual’s proposed position — including a list of all job duties; title of immediate supervisor, number and title of persons supervised, and annual salary and benefits information;
  6. Full name and title of contact person at company who will coordinate paperwork and the full name and title of the company’s authorized signatory for documents; and
B. INDIVIDUAL (Foreign national seeking O-1 status):
  1. Completed Immigration Questionnaire (KIP Form) and Working Visa Addendum (KIP Form);
  2. Photocopies of individual’s passport and I-94 Card, and those of his/her immediate family members who will accompany him/her to the United States, all Forms I-20 or IAP-66 and copy of Employment Authorization Card, if any;
  3. Individual’s resume, curriculum vitae, etc.;
  4. Photocopy of individual’s university or trade school diplomas and certificates, and course transcripts, if available;
  5. Copies of any awards, certificates, notices or any other evidence showing extraordinary ability;
  6. Reference letters from professionals confirming extraordinary ability;
  7. Photocopy of individual’s professional licenses, professional society membership certificates or cards, etc, if any;
  8. Any conveniently available letters, payroll records, etc. verifying individual’s prior work history.

OUTSTANDING RESEARCHERS AND PROFESSORS

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The provisions governing outstanding researchers and professors were first authorized by Congress in the Immigration Act of 1990. Since that time, United States Citizenship and Immigration Service (“USCIS”) regulations and decisions have clarified the requirements of and necessary documentary evidence for proving that one is an “outstanding researcher and/or professor.” Currently, the USCIS requires you to prove your outstanding nature in your field by submitting items in at least two of the following areas:

  1. Documentation of your receipt of major prizes or awards for outstanding achievement in the academic field;
  2. Documentation of your membership in associations in the academic field which require outstanding achievements of their members;
  3. Published material in professional publications written by others about your work in the academic field. This material must include the title, date, and author of the material and any necessary translation;
  4. Evidence of your participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
  5. Evidence of your original scientific or scholarly research contributions in the academic field; or
  6. Evidence of your authorship of scholarly books or articles in scholarly journals with international circulation in the academic field.

We must also establish that you have at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree is acceptable only if you actually acquired the degree, and the teaching duties were such that you had full responsibility for the class taught, or the research conducted toward the degree has been recognized within the academic field as outstanding. Evidence of teaching and/or research experience must be in the form of letters(s) from current or former employer(s) and must include the name, address, and title of the writer, and a specific description of the duties you performed. Finally, you must also have an offer of employment for a temporary research position in your academic field.

To aid us in our assessment of whether not you meet these requirements, we ask that you complete the two attached questionnaires and return them to us with your details CV, copies of your degrees, and transcripts (unofficial is fine), with translation to English, if necessary.

If you would like further information about specific case scenarios or situations, please call our office or email us at [email protected] to speak to one of experienced immigration attorneys.

(EB-2) OUTSTANDING RESEARCHERS, ADVANCED DEGREE HOLDERS, FOREIGN NATIONALS OF EXCEPTIONAL ABILITY AND NATIONAL INTEREST WAIVERS

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This memo summarizes and discusses the possibility of classifying you as an outstanding researcher and the possibility of petitioning for you as an advanced degree holder or person of exceptional ability with a waiver of the labor certification requirement being in the “national interest.” Both petitions permit you to skip the labor certification process and obtain an immigrant visa. This process will be significantly less time-consuming than a regular labor certification and, of course, much less expensive.

OUTSTANDING RESEARCHERS

The provisions governing outstanding researchers and professors were first authorized by Congress in the Immigration Act of 1990. Since that time, United States Citizenship and Immigration Service (“USCIS”) regulations and decisions have clarified the requirements of and necessary documentary evidence for proving that one is an “outstanding researcher and/or professor.” Currently, the USCIS requires you to prove your outstanding nature in your field by submitting items in at least two of the following areas:

  1. Documentation of your receipt of major prizes or awards for outstanding achievement in the academic field;
  2. Documentation of your membership in associations in the academic field which require outstanding achievements of their members;
  3. Published material in professional publications written by others about your work in the academic field. This material must include the title, date, and author of the material and any necessary translation;
  4. Evidence of your participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
  5. Evidence of your original scientific or scholarly research contributions in the academic field; or
  6. Evidence of your authorship of scholarly books or articles in scholarly journals with international circulation in the academic field.

We must also establish that you have at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree is acceptable only if you actually acquired the degree, and the teaching duties were such that you had full responsibility for the class taught, or the research conducted toward the degree has been recognized within the academic field as outstanding. Evidence of teaching and/or research experience must be in the form of letters(s) from current or former employer(s) and must include the name, address, and title of the writer, and a specific description of the duties you performed. Finally, you must also have an offer of employment for a permanent research position in your academic field.

ADVANCED DEGREE HOLDERS, EXCEPTIONAL ABILITY ALIENS, AND THE NATIONAL INTEREST WAIVER

You may also qualify for permanent residence through two separate classifications of the employment-based second preference immigrant category. First, the “Advanced Degree Holder” classification permits persons who are members of the “professions” holding advanced degrees to seek permanent residence through either a labor certification or through a “national interest waiver” of the labor certification requirement. A “profession” is defined under immigration rules as any occupation for which a U.S. baccalaureate degree or its foreign equivalent is the usual minimum requirement for entry into the occupation. An advanced degree has been defined to be any U.S. academic or professional degree or a foreign equivalent above that of baccalaureate.

A Ph.D. or Master’s degree will be sufficient to qualify you as an “advanced degree holder” as your occupation also is one that typically requires a person holding such an advanced degree.
EXCEPTIONAL ABILITY

The second preference immigrant classification also permits a person of “exceptional ability in the sciences, arts, or business” to qualify for a waiver of the job offer and labor certification requirements. “Exceptional Ability” has been defined as possessing a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. To prove your qualification for this category, we would need to show at least three of the following:

  1. An official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, or other institution of learning relating to the area of exceptional ability;
  2. Evidence in the form of letter(s) from current or former employer(s) showing that you have at least ten years of full-time experience in the occupation for which you are being sought;
  3. A license to practice the profession or certification for a particular profession or occupation;
  4. Evidence that you have commanded a salary or other remuneration for services which demonstrate exceptional ability;
  5. Evidence of membership in professional associations; or
  6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
NATIONAL INTEREST WAIVER

The most difficult part of this process, however, is the “national interest” waiver of the labor certification requirements. Congress has determined that the USCIS may waive the requirements of a job offer, and thus a labor certification, for advanced degree holders and persons of exceptional ability in business, if that waiver would be in the “national interest.” Neither Congress nor the USCIS has ever officially defined “national interest,” although recent interpretive decisions by the Administrative Appeals Unit of the USCIS, and other sources, give some guidance on what the USCIS is likely to consider “in the national interest.”

In its most authoritative decision to date on this question, the USCIS has noted several factors which may be considered in applying the national interest test to an alien of exceptional ability in business. These factors are:

  1. Improving the U.S. economy;
  2. Improving wages and working conditions of U.S. workers;
  3. Improving education and training programs for U.S. children and under-qualified workers;
  4. Improving health care;
  5. Providing more affordable housing for young and/or older, poorer U.S. residents;
  6. Improving the environment of the U.S. and making more productive use of natural resources; or
  7. A request from an interested U.S. government agency.

The proof of the seven factors noted above varies widely depending on the occupation of the person applying for the waiver. In addition to the required forms, we would like to submit some or all of the following items in your case:

  1. Letters from prominent individuals within your research area describing the need for your continued services in this research area;
  2. U.S. government policy statements on the national interest area (we will obtain these);
  3. Letters from other respected persons in the field recognizing your abilities in your field (preferably former colleagues); and
  4. A letter from U.S. University professors or researchers describing your abilities, and the need for your research services in the United States (attached is a sample letter).
In addition to this evidence, we will submit a cover letter/brief summarizing the evidence and arguing why waiver of the job offer/labor certification requirement would be in the “national interest.”

Although this memo is a rather brief synopsis of complex process, it does convey the quality and quantity of documentation we should submit. We are sure you also understand the vagaries of the USCIS and the possibility of incorrect decisions. For this reason, we want to present USCIS with the most complete and detailed petition possible. We would also require your assistance is gathering some of the letters and information described above, as well as completing the enclosed background questionnaire.

Please send to us the documentation verifying those criteria that you satisfy, including copies of all articles about you and your work published in journals from the academic field; evidence of your own scholarly research; copies of any documents verifying awards you may have won or received; copies of all article(s) you may have written (we have the English language articles), your curriculum vitae, and several letters of reference. Attached is a sample letter for you to use in obtaining references from colleagues in your field. You should plan on obtaining at least five to seven of these letters.

If you would like further information about specific case scenarios or situations, please call our office or email us at [email protected] to speak to one of experienced immigration attorneys.

Outstanding Researcher Sample Support Letter

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ON LETTERHEAD OR NAME AND ADDRESS
TO BE RETURNED DIRECTLY TO KUCK IMMIGRATION
DO NOT SEND TO IMMIGRATION

[DATE]

Director
Texas Service Center
Immigration & Naturalization Service
Mesquite, TX

Dear Director:

I understand that you are considering an Outstanding Researcher Immigrant Visa Petition from Dr. [NAME]. I am well acquainted with Dr. [NAME], as I have worked extensively with him in [DESCRIBE HOW YOU KNOW Dr. [NAME].

Before I address the impact of Dr. [NAME] presence in the United States, a short synopsis of my own expertise and background is in order. [PLEASE INSERT A TWO TO THREE PARAGRAPH DESCRIPTION OF YOURSELF ESPECIALLY FOCUSING ON YOUR BACKGROUND IN THE AREA OF EXPERTISE, EITHER PRIVATE OR PUBLIC, AND ATTACH A RESUME TO THE LETTER.] My attached resume/biography further details my employment background and expertise.

[PLEASE INSERT A BRIEF DESCRIPTION OF THE CURRENT STATUS OF THIS FIELD IN THE UNITED STATES, FOCUSING ON THE CURRENT WORK BEING DONE BY YOU THAT IS RELATED TO Dr. [NAME] WORK].

Dr. NAME’s knowledge and understanding of [INSERT AREA OF EXPERTISE] would be a great blessing to the United States. [DESCRIBE WHO NEEDS THIS EXPERTISE AND WHY]. Without someone of Dr. NAME’s background and prestige, the United States’ impact in this area will be [DESCRIBE EFFECT IF DR. [NAME] IS NOT ALLOWED TO REMAIN iN THE U.S.]. Dr. NAME’s presence in the United States as an [IDENTIFY AREA OF EXPERTISE] will facilitate and enhance our standing and will certainly lead to [DESCRIBE PROSPECTIVE RESULTS OF Dr. NAME’S WORK AND WHY THAT WOULD BE HELPFUL TO THE UNITED STATES].

I appreciate your time in considering this letter. If I can be of further service, please contact me.

Very truly yours,

 

[NAME AND TITLE]

EB-1 Sample Support Letter

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ON LETTERHEAD OR NAME AND ADDRESS
TO BE RETURNED DIRECTLY TO KUCK CASABLANCA LLC
DO NOT SEND TO IMMIGRATION

[DATE]

Director
Texas Service Center
Immigration & Naturalization Service
Mesquite, TX

Dear Director:

I understand that you are considering an Extraordinary Ability Immigrant Visa Petition from Dr. [NAME]. I am well acquainted with Dr. [NAME], as I have worked extensively with him in [DESCRIBE HOW YOU KNOW Dr. [NAME].

Before I address the impact of Dr. [NAME] presence in the United States, a short synopsis of my own expertise and background is in order. [PLEASE INSERT A TWO TO THREE PARAGRAPH DESCRIPTION OF YOURSELF ESPECIALLY FOCUSING ON YOUR BACKGROUND IN THE AREA OF EXPERTISE, EITHER PRIVATE OR PUBLIC, AND ATTACH A RESUME TO THE LETTER.] My attached resume/biography further details my employment background and expertise.

[PLEASE INSERT A BRIEF DESCRIPTION OF THE CURRENT STATUS OF THIS FIELD IN THE UNITED STATES, FOCUSING ON THE CURRENT WORK BEING DONE BY YOU THAT IS RELATED TO Dr. [NAME] WORK].

Dr. NAME’s knowledge and understanding of [INSERT AREA OF EXPERTISE] would be a great blessing to the United States. [DESCRIBE WHO NEEDS THIS EXPERTISE AND WHY]. Without someone of Dr. NAME’s background and prestige, the United States’ impact in this area will be [DESCRIBE EFFECT IF Dr. [NAME] IS NOT ALLOWED TO ENTER IN THE U.S.]. Dr. NAME’s presence in the United States as an [IDENTIFY AREA OF EXPERTISE] will facilitate and enhance our standing and will certainly lead to [DESCRIBE PROSPECTIVE RESULTS OF Dr. NAME’S WORK AND WHY THAT WOULD BE HELPFUL TO THE UNITED STATES].

I appreciate your time in considering this letter. If I can be of further service, please contact me.

Very truly yours,

[NAME AND TITLE]

SUPPORT DOCUMENTATION FOR I-140 IMMIGRANT PETITION AND THE I-485 APPLICATION TO ADJUST STATUS

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FROM THE PETITIONING U.S. COMPANY:
  1. Photocopies of the U.S. company’s 2008 Federal Income Tax Returns or Financial Statements
  2. Name, title and address of U.S. company’s signatory for the immigration forms
  3. Current number of employees at U.S. company
  4. Confirmation of foreign national’s job title
  5. Confirmation of foreign national’s job description
  6. Confirmation of foreign national’s annual salary
  7. Confirmation of foreign national’s work address
  8. Organizational chart showing foreign national’s position with the U.S. company. The chart should provide the individual’s name and title, the supervisor’s name and title, and any direct subordinate(s)’ name(s) and title(s)
  9. Photocopy of U.S. company’s business lease
FROM THE FOREIGN COMPANY:
  1. Organizational chart showing foreign national’s previous position with foreign company prior to transfer. The chart should provide the individual’s name and title, the supervisor’s name and title, and any direct subordinate(s)’ name(s) and title(s)
  2. Photocopies of the foreign company’s 2008 Tax Returns or Financial Statements
  3. Current number of employees at foreign company
  4. Photocopies of documents evidencing relationship between U.S. company and foreign company
FROM THE FOREIGN NATIONAL AND FAMILY MEMBERS:
  1. Completed Immigration Questionnaire for each applicant (please see email for link). It is important that all questions are answered completely and legibly. The answers you provide will be used to complete the immigration forms for your application.

We specifically need to know your address for the last 5 years (with dates), full names and biographical information for immediate family members (spouses, children, parents), whether you/your spouse have been previously married, whether you or any of your family members have been arrested for ANY reason

  1. Photocopies of all passport pages, visas, and front and back of Form I-94 card (white card received at the airport) for each applicant
  2. Photocopies of all Form I-797 (Notice of Actions) or Form I-20 Student evidencing past visa status in the United States for each applicant
  3. Photocopies of long-form/unabridged birth certificates with certified English translation for each applicant
  4. If you have been arrested for any reason (including traffic offenses) – please obtain court-certified documents of the arrest and disposition and immediately notify our office by phone/email and send us copies by mail. Failure to do so may affect the processing of your case;
  5. If family members are applying for permanent residency with you, please also forward copies of the following:
    1. your Federal Income Tax Returns and W-2 Forms for the last 3 years;
    2. Photocopies of marriage certificates with certified English translation; and
    3. Photocopies of termination decrees for past marriages with certified English translation, if applicable
  6. 6 passport photos for each applicant (see enclosed Specification Sheet for more information);
  7. Sealed Medical Examination Results from one of the Immigration-approved Physicians listed on the enclosed sheet. Each applicant will need to make an appointment with one of the doctors listed, and take the Form I-693 and Supplement Form for the doctor to complete. We will provide the Form and Supplement to you when we mail all forms for signature. The doctor will also have this available at their office. Please do not open the envelope. We will submit the sealed envelope together with the requested forms and supporting documentation. For a list of approved physicians near you, please visit the CIS website at https://www.uscis.gov/tools/find-a-civil-surgeon;
  8. Checks or money orders payable to U.S. CITIZENSHIP AND IMMIGRATION SERVICE to cover the applicable immigration filing fees.
English translations should be provided for any foreign language documents

If you would like further information about specific case scenarios or situations, please call our office or email us at [email protected] to speak to one of experienced immigration attorneys.

IMMIGRATION PROCESSES

Recruitment:

The labor certification is the first in a three step process to becoming a legal permanent resident that involves both the Department of Labor (“DOL”) and the United States Citizenship and Immigration Services (“USCIS”). The law requires that you continue to be employed by your current employer throughout all three steps of this process for the granting of legal permanent residency to be valid. If you leave your employer or make a significant job change with the same employer, the process must be started all over again.

The law requires that your employer file a labor certification application on your behalf with the DOL. That application must satisfy the DOL that there are no minimally qualified U.S. workers who could perform your job, as it existed when you began your employment with your employer. To satisfy these requirements, our preparation of the labor certification will focus on 4 areas:

  • The skills necessary to perform your job
  • How you acquired those skills prior to joining your current employer
  • How your employer recruited for your position
  • Whether there were any qualified applicants for your position

Recruitment Efforts and Results for your Position

While the DOL looks to your original date of hire for some purposes, it looks to the date of the filing of the labor certification for others, including the recruitment requirement. Initially, the DOL does not require that your employer show recruitment for your position at the time of your initial hire, because you were hired as an H-1B temporary worker. Now that your employer has decided to pursue a labor certification for you, the DOL considers that a “real” position for which U.S. workers should be considered.

Labor certifications can be filed via the “regular” process or the “Reduction in Recruitment” (“RIR”) Process. The regular process requires that we submit an application to the State Employment Services Agency (“SESA”) of the DOL and wait for instructions regarding where and when to place a very specific advertisement for your position. The DOL then receives the resumes submitted in response to this ad and forwards them to your employer for review. Your employer then submits the results of this review to the SESA. If the SESA is satisfied that there were no available and qualified U.S. workers, then the SESA will forward the application to the regional office of the DOL for processing

The RIR process allows your employer to avoid having the DOL provide very specific recruitment instructions. Instead, your employer submits proof of its recruitment efforts for your position, and the results of those efforts to the SESA at the same time it files your application. If the SESA is satisfied, it will forward the application to the regional office for processing.

In order to take advantage of the RIR process , your employer must submit proof of advertising for your position during the six months prior to filing your labor certification. This proof must include print ads, internet ads and an internal posting for 10 business days.

Finally, once recruitment is conducted, your employer will review resumes to determine if any of them should be reviewed by your manager. BY LAW YOU ARE NOT PERMITTED TO PARTICIPATE IN THIS PART OF THE PROCESS. If no qualified applicants are identified, we will file the application with the SESA.

I-140 IMMIGRANT PETITION BASED ON LABOR CERTIFICATION

Once your labor certification is approved, your employer must file an I-140 immigrant petition for you with the USCIS. This can be done once the labor certification is approved, regardless of your country of birth or your level of education or experience. The USCIS will classify you in the “second” or “third” preference category. In most cases, if your position requires a Masters Degree or a BS plus 5 or more years experience of progressive related experience, and you possess that level of education and/or experience, you will be placed in the 2nd preference category. If your position requires less than this level of education or experience, you will be placed in the 3rd preference category. Your preference category, country of birth and date of filing your labor certification (“priority date”) will determine when you can file your adjustment of status application.

I-140 OUTSTANDING RESEARCHER/PROFESSOR

  • Three Years of Research Experience Prior to the Date of Filing the Petition
  • Holding Research Position with Employer
  • Evidence that the researcher is recognized internationally as outstanding in the academic field specified in the petition. Such evidence shall consist of at least two of the following:
    • Documentation of the foreign national’s receipt of major prizes or awards for outstanding achievement in the academic field
    • Documentation of the foreign national’s membership in associations in the academic field which require outstanding achievements of their members
    • Published material in professional publications written by others about the foreign national’s work in the academic field
    • Evidence of the foreign national’s participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field
    • Evidence of the foreign national’s original scientific or scholarly research contributions to the academic field
    • Evidence of the foreign national’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field

SUPPORT DOCUMENTATION FOR THE I-140 IMMIGRANT PETITION

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FROM THE PETITIONING COMPANY:
  1. Photocopies of most recent Annual Report or Financial Statements;
  2. Federal Tax I.D. Number (EIN);
  3. Name, title and address of company’s signatory for the immigration forms;
  4. Name and address of company’s headquarters;
  5. Year, city and state company was established;
  6. Current number of employees;
  7. Confirmation of foreign national’s annual salary;
  8. Confirmation of foreign national’s work address;
  9. Photocopies of company’s marketing brochures, certificate and articles of incorporation, etc.;
  10. Check payable to US CITIZENSHIP AND IMMIGRATION SERVICES to cover the applicable filing fee.
FROM THE FOREIGN NATIONAL:
  1. Your U.S. Address and telephone number;
  2. Full name, date of birth, and country of birth of spouse and children, if applicable;
  3. Photocopies of all passport pages, visas, and front and back of Form I-94 card (white card received at the airport);
  4. Photocopies of all Form I-797 (Notice of Actions) or Form I-20 Student evidencing past visa status in the United States;
  5. Photocopies of W-2 forms with Petitioner since the year the Labor Certification was filed;
  6. Photocopies of this month’s pay statements with Petitioner;
  7. Signed letter from previous employer(s) evidencing employment to show you meet the requirements listed on the Form ETA-9089;
SUPPORT DOCUMENTATION FOR THE I-485 APPLICATION TO ADJUST STATUS WHEN YOUR PRIORITY DATE IS CURRENT (We will contact you as soon as it is current, but please start to assemble the following documents now)
FROM THE FOREIGN NATIONAL AND FAMILY MEMBERS:
  1. Completed Immigration Questionnaire for each applicant (form attached). It is important that all questions are answered completely and legibly. The answers you provide will be used to complete the immigration forms for your application. We specifically need to know your address for the last 5 years (with dates), full names and biographical information for immediate family members (spouses, children, parents), whether you/your spouse have been previously married, whether you or any of your family members have been arrested for ANY reason;
  2. Photocopies of all passport pages, visas, and front and back of Form I-94 card (white card received at the airport) for each applicant;
  3. Photocopies of all Form I-797 (Notice of Actions) or Form I-20 Student evidencing past visa status in the United States for each applicant;
  4. Photocopies of long-form birth certificates with certified English translation for each applicant;
  5. If family members are applying for permanent residency with you, please also forward copies of the following:
    1. Your Federal Income Tax Returns and W-2 Forms for the last 3 years;
    2. Photocopies of marriage certificates with certified English translation;
    3. Photocopies of termination decrees for past marriages with certified English translation, if applicable
  6. 6 passport photos for each applicant;
  7. Sealed Medical Examination Results from one of the Immigration-approved Physicians listed on the enclosed sheet. Each applicant will need to make an appointment with one of the doctors listed, and take the Form I-693 and Supplement Form for the doctor to complete. We will provide the Form and Supplement to you when we mail all forms for signature. The doctor will also have this available at their office. Please do not open the envelope. We will submit the sealed envelope together with the requested forms and supporting documentation. For a list of approved physicians near you, please visit the CIS website at https://www.uscis.gov/tools/find-a-civil-surgeon;
  8. If you have been arrested for any reason (including traffic offenses) – please obtain court-certified documents of the arrest and disposition and immediately notify our office by phone/email and send us copies by mail. Failure to do so may affect the processing of your case;
  9. Checks or money orders payable to U.S. CITIZENSHIP AND IMMIGRATION SERVICE to cover the applicable immigration filing fees.
English translations must be provided for any foreign language documents