Employment-Based Immigrant Visas

DeGrio Channing Law, PLLC offers a wide variety of services to obtain employment-based visas that serve and meet the needs of both employers and employees. In some instances, employees may self-petition for certain visa categories. We work with businesses of all sizes - from solo and small employers to large multinational corporations. We understand that one size doesn’t fit all and offer creative solutions tailored to your individual goals.

Immigrant Visas

An immigrant visa application is the first step towards permanent resident status in the United States. The application is submitted to USCIS on a Form I-140 along with detailed supporting evidence documenting that the employee or applicant meets the regulatory criteria. USCIS will assign a priority date to your I-140 petition upon receipt. Your priority date and visa preference category will determine when you are eligible to file a Form I-485 application for permanent resident status or when you are eligible to appear for an immigrant visa interview at a US Embassy or Consulate.

EB-1

Employment based 1st Preference Visa Petitions

  • Can be self petitioned or employer sponsored.

    The applicant must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

    In order to demonstrate eligibility, the applicant must prove a one-time achievement or provide evidence demonstrating 3 of the 10 criteria listed below:

    1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

    2. Evidence of your membership in associations in the field which demand outstanding achievement of their members

    3. Evidence of published material about you in professional or major trade publications or other major media

    4. Evidence that you have been asked to judge the work of others, either individually or on a panel

    5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

    6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

    7. Evidence that your work has been displayed at artistic exhibitions or showcases

    8. Evidence of your performance of a leading or critical role in distinguished organizations

    9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

    10. Evidence of your commercial successes in the performing arts

More information regarding EB-1A Visa Eligibility

  • Must be employer sponsored

    The applicant must demonstrate international recognition for outstanding achievements in a particular academic/scientific field and be able to demonstrate at least 3 years of research experience in the field.

    In order to demonstrate eligibility, the applicant must provide evidence demonstrating 2 of the 6 criteria listed below:

    1. Evidence of receipt of major prizes or awards for outstanding achievement

    2. Evidence of membership in associations that require their members to demonstrate outstanding achievement

    3. Evidence of published material in professional publications written by others about the noncitizen’s work in the academic field

    4. Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field

    5. Evidence of original scientific or scholarly research contributions in the field

    6. Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

More information regarding EB-1B Visa Eligibility

  • Must be employer sponsored

    The applicant must demonstrate employment outside the United States for at least 1 year in the 3 years prior to the petition, in a qualifying relationship to the US entity with an intent to be employed in a managerial or executive capacity.

More information regarding EB-1C Visa Eligibility

EB-2 NIW

Employment Based 2nd Preference National Interest Waiver Visa Petitions

DeGrio Channing Law PLLC only handles National Interest Waiver petitions based on an advanced degree.

  • In order to demonstrate eligibility, the applicant must have an advanced degree and be able to document:

    1. The proposed endeavor has both substantial merit and national importance

    2. The applicant is well positioned to advance the proposed endeavor

    3. On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification

More information regarding EB-2 NWI Visa Eligibility