Qualifying for a Merit-Based US Visa Application
The current administration is favorably adjudicating “merit-based’ visa applications. While “merit-based” may be a broad concept, applicable to multiple US visa categories, it generally refers to individuals whom can demonstrate that they need achieved a particular level of success and recognition in their respective professions. At Davies & Associates, we specialise in two immigrant-visa categories that don't require an employer sponsor (i.e. a job-offer). In essence, the applicant may self-petition supported their respective achievements and professional profiles. At Davies & Associates we successfully represent qualified individuals from a spread of professions: foreign medical practitioners and researchers, multinational business executives, scientists, philanthropists, artists and lots of more.
Can I get a visa without a job-sponsor or employer?
The two main immigration pathways that we concentrate on are the utilization Based (EB), and National Interest Waiver (NIW) visa categories.
As a part of our in-take procedure, our qualified legal professionals with thoroughly evaluate your candidacy and determine the foremost suitable immigration strategy.
Succinctly, the extraordinary ability category (Employment Based 1st Preference – i.e. EB-1A) requires an applicant to prove that they need risen to the highest of their field and attained sustained acclaim. The National Interest Waiver category (NIW) requires proof that your work is of “substantial merit” and “national importance” which you'll be coming to the U.S. to continue the sort of labor you've got been doing overseas, ensuring it continues to constitute “substantial merit” and “national importance”.
The extraordinary ability and national interest waiver classification applications must demonstrate that an applicant meets a selected series of criteria. In many cases, a possible candidate you'll have the chance to use for one or both categories. There are many factors to think about .
Please contact our firm today to request EB-1A criteria and similar materials concerning NIW criteria.
EB-1A
This is the very best level of visa classification and USCIS looks very closely to work out that you simply have received or been nominated for a serious industry award or meet a minimum of 3 of the ten “alternate” criteria.
You must meet 3 out of the ten listed criteria below to prove extraordinary ability in your field:
Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
Evidence of your membership in associations within the field which demand outstanding achievement of their members
Evidence of published material about you in professional or major trade publications or other major media
Evidence that you simply are asked to guage the work of others, either individually or on a panel
Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the sector
Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence of your performance of a number one or critical role in distinguished organizations
Evidence that you simply command a high salary or other significantly high remuneration in reference to others within the field
Evidence of your commercial successes within the humanistic discipline
** samples of Documentary Evidence That an individual is an impressive Professor Or Researcher
Evidence of receipt of major prizes or awards for outstanding achievement
Evidence of membership in associations that need their members to demonstrate outstanding achievement
Evidence of published material in professional publications written by others about the alien’s add the tutorial field
Evidence of participation, either on a panel or individually, as a judge of the work of others within the same or allied academic field
Evidence of original scientific or scholarly research contributions within the field
Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) within the field
NIW
With NIW status, the stress is on the work an applicant is conducting as we must demonstrate that it's of “substantial merit” and “national importance.” additionally , it must be shown that the applicants “prospective endeavor” within the U.S. is so important that using the normal route of filing a labor application would be detrimental to a minimum of a segment of the U.S. population. Although the applicant isn't required to possess an employer sponsor for NIW classification, we'd like to demonstrate the clear possibility of prospective U.S. add the applicants area of endeavor and it's actually preferable that the applicant have a substantive employment scenario lined up (it needn't , however, be a standard employment arrangement).
At the middle of an NIW petition is that the nature of the “proposed endeavor” an applicant will undertake upon the approval of your permanent residence application. As requirements for legal immigration become more stringent, the “proposed endeavor” within the U.S. is becoming increasingly more important; it's the “centerpiece” of the NIW petition. To successfully prepare an applicant’s petition, we require an in depth description of the professional activities that an applicant will prospectively perform upon entering the us as a U.S. permanent resident, along side an in depth explanation of why this role would be considered important to varied industries within the us .
Timeframes for EB-1A and NIW petitions
All EB-1A and NIW petitions are submitted to the Texas Service Center which then has the choice of forwarding these matters to the Nebraska Service Center supported the workloads of both Service Centers – we've no control over this. At the time of this writing, the TSC is processing both EB-1A and NIW petitions that were submitted on or before March 10, 2019 while the NSC is functioning on both sorts of petitions that they received on or before February 7, 2019. Therefore, they're quite close on processing times, having a 7 or 8 month backlog.
For the foremost recent processing times please visit the United States government website.
Second stage of U.S. permanent residence
Applying for EB-1A or NIW classification permits an applicant to skip the primary procedure generally required within the permanent residence process which involves submitting an application to the U.S. Department of Labor. Having to submit this labor application can add up to a year to the processing of a permanent resident application, so it's of great benefit timewise that an applicant won't need to undergo this.
The U.S. Department of State monthly bulletin
Each month the US Dept. of State publishes a visa bulletin during which they list the “priority dates” of all categories for both family and business-based immigration. The priority date refers to the date that the primary stage of your permanent residence process was filed.
You can find updated information on the US Department of State website here. Please contact our attorneys to find out more about processing times and the way it's going to influence your immigration strategy.
Working within the U.S. while your permanent residence application is being processed
A large number of foreign nationals applying for U.S. permanent residence use the choice of obtaining a short lived visa status in order that they may go within the U.S. while they await their permanent residence application to be approved. In many of our “merit-based” client situations, an O-1A visa are often appropriate for this purpose. the standards for O-1A visa status is extremely almost like that concerning EB-1A visa status.
Although O-1 visa classification has benefit’s that other sorts of temporary status don't , it's required that to qualify for O-1 visa status an applicant must have an employer willing to sponsor them. However, the applicant can also use an agent who will function an intermediary if you've got multiple short term or part-time employers. An applicant can also work for multiple employers as long as they're included within the petition, and that we may add additional employers during the duration of an applicant’s O-1 petition.
Our Firm and Intake Procedures
Through immigrant visa applications a candidate are going to be granted permanent residence. To be granted a us positive identification supported your own professional and career achievements is critical matter. At Davies & Associates we don't accept every case and our prospective clients are put through a rigorous initial evaluation to work out eligibility.
If you're interested to find out more about these visa-categories, and whether or not you'll qualify please contact us today.
Can I get a visa without a job-sponsor or employer?
The two main immigration pathways that we concentrate on are the utilization Based (EB), and National Interest Waiver (NIW) visa categories.
As a part of our in-take procedure, our qualified legal professionals with thoroughly evaluate your candidacy and determine the foremost suitable immigration strategy.
Succinctly, the extraordinary ability category (Employment Based 1st Preference – i.e. EB-1A) requires an applicant to prove that they need risen to the highest of their field and attained sustained acclaim. The National Interest Waiver category (NIW) requires proof that your work is of “substantial merit” and “national importance” which you'll be coming to the U.S. to continue the sort of labor you've got been doing overseas, ensuring it continues to constitute “substantial merit” and “national importance”.
The extraordinary ability and national interest waiver classification applications must demonstrate that an applicant meets a selected series of criteria. In many cases, a possible candidate you'll have the chance to use for one or both categories. There are many factors to think about .
Please contact our firm today to request EB-1A criteria and similar materials concerning NIW criteria.
EB-1A
This is the very best level of visa classification and USCIS looks very closely to work out that you simply have received or been nominated for a serious industry award or meet a minimum of 3 of the ten “alternate” criteria.
You must meet 3 out of the ten listed criteria below to prove extraordinary ability in your field:
Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
Evidence of your membership in associations within the field which demand outstanding achievement of their members
Evidence of published material about you in professional or major trade publications or other major media
Evidence that you simply are asked to guage the work of others, either individually or on a panel
Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the sector
Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence of your performance of a number one or critical role in distinguished organizations
Evidence that you simply command a high salary or other significantly high remuneration in reference to others within the field
Evidence of your commercial successes within the humanistic discipline
** samples of Documentary Evidence That an individual is an impressive Professor Or Researcher
Evidence of receipt of major prizes or awards for outstanding achievement
Evidence of membership in associations that need their members to demonstrate outstanding achievement
Evidence of published material in professional publications written by others about the alien’s add the tutorial field
Evidence of participation, either on a panel or individually, as a judge of the work of others within the same or allied academic field
Evidence of original scientific or scholarly research contributions within the field
Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) within the field
NIW
With NIW status, the stress is on the work an applicant is conducting as we must demonstrate that it's of “substantial merit” and “national importance.” additionally , it must be shown that the applicants “prospective endeavor” within the U.S. is so important that using the normal route of filing a labor application would be detrimental to a minimum of a segment of the U.S. population. Although the applicant isn't required to possess an employer sponsor for NIW classification, we'd like to demonstrate the clear possibility of prospective U.S. add the applicants area of endeavor and it's actually preferable that the applicant have a substantive employment scenario lined up (it needn't , however, be a standard employment arrangement).
At the middle of an NIW petition is that the nature of the “proposed endeavor” an applicant will undertake upon the approval of your permanent residence application. As requirements for legal immigration become more stringent, the “proposed endeavor” within the U.S. is becoming increasingly more important; it's the “centerpiece” of the NIW petition. To successfully prepare an applicant’s petition, we require an in depth description of the professional activities that an applicant will prospectively perform upon entering the us as a U.S. permanent resident, along side an in depth explanation of why this role would be considered important to varied industries within the us .
Timeframes for EB-1A and NIW petitions
All EB-1A and NIW petitions are submitted to the Texas Service Center which then has the choice of forwarding these matters to the Nebraska Service Center supported the workloads of both Service Centers – we've no control over this. At the time of this writing, the TSC is processing both EB-1A and NIW petitions that were submitted on or before March 10, 2019 while the NSC is functioning on both sorts of petitions that they received on or before February 7, 2019. Therefore, they're quite close on processing times, having a 7 or 8 month backlog.
For the foremost recent processing times please visit the United States government website.
Second stage of U.S. permanent residence
Applying for EB-1A or NIW classification permits an applicant to skip the primary procedure generally required within the permanent residence process which involves submitting an application to the U.S. Department of Labor. Having to submit this labor application can add up to a year to the processing of a permanent resident application, so it's of great benefit timewise that an applicant won't need to undergo this.
The U.S. Department of State monthly bulletin
Each month the US Dept. of State publishes a visa bulletin during which they list the “priority dates” of all categories for both family and business-based immigration. The priority date refers to the date that the primary stage of your permanent residence process was filed.
You can find updated information on the US Department of State website here. Please contact our attorneys to find out more about processing times and the way it's going to influence your immigration strategy.
Working within the U.S. while your permanent residence application is being processed
A large number of foreign nationals applying for U.S. permanent residence use the choice of obtaining a short lived visa status in order that they may go within the U.S. while they await their permanent residence application to be approved. In many of our “merit-based” client situations, an O-1A visa are often appropriate for this purpose. the standards for O-1A visa status is extremely almost like that concerning EB-1A visa status.
Although O-1 visa classification has benefit’s that other sorts of temporary status don't , it's required that to qualify for O-1 visa status an applicant must have an employer willing to sponsor them. However, the applicant can also use an agent who will function an intermediary if you've got multiple short term or part-time employers. An applicant can also work for multiple employers as long as they're included within the petition, and that we may add additional employers during the duration of an applicant’s O-1 petition.
Our Firm and Intake Procedures
Through immigrant visa applications a candidate are going to be granted permanent residence. To be granted a us positive identification supported your own professional and career achievements is critical matter. At Davies & Associates we don't accept every case and our prospective clients are put through a rigorous initial evaluation to work out eligibility.
If you're interested to find out more about these visa-categories, and whether or not you'll qualify please contact us today.
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