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Remember that legal immigration in the USA is based on:
  1. Family relationships;
  2. Employment/professional status and achievements.;
  3. Winning in the Diversity Lottery;
  4. Obtaining a status of refugee or someone seeking political asylum (“asylee”).
Our virtual immigration practice is directed at overseas clients; much of that is based upon assisting with employment-based immigration. This is divided into 5 categories: EB-1, EB-2, etc. The first three are general; EB-4 and EB-5 are special. Visa quotas allotted for EB-4 and EB-5 are much lower than for the first three categories.
Candidates for employment-based immigration in the EB-2 and EB-3 categories (these include the majority of visa applicants), aside from having appropriate professional education/skills, must comply with two conditions: they must find a job in the US and they must undergo the process of Labor Certification.
For those living outside the United States this is extremely difficult. However, there are exceptions and our virtual immigration practice is built around them.
What we do is help exceptionally talented people and their families obtain US legal resident alien status without going through the labor certification process. When possible, we will also relieve them from the usual necessity of having a qualifying job offer from an American employer before they immigrate.
The United States Congress issues annual quotas for employment-based immigrants. Annually, 40,000 immigrants can enter the country in each general EB immigration category. The unused portion from EB-1 is passed into EB-2, etc. Some EB-1 visas may remain unused.
When we qualify a client into EB-1 or EB-2 with a national interest waiver exception, the client is relieved from the labor certification requirement. That alone allows many of our scientists with PhDs and other talented people of exceptional achievements to immigrate to the United States 12-18 months from the beginning of the process (on the average).
This is a difficult but very emotionally rewarding task. We are proud of our success in this area of immigration law and that we are privileged to provide professional services to such unique achievers.
To potential clients who are qualified for these two categories of immigration, we say: “Speed up your thinking!” Many US immigration law reform projects discussed in 2006 and 2007 did not include special conditions for talented people. That should have sounded an alarm signal for you.



© Valery Milgrom, 1997 - 2012

Disclaimer: This website is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.