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USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by NotsonewMary(f): 12:24am On Aug 06, 2022
Hello All,

This thread is dedicated to people who would like to share their employment based immigration stories and pathway for others to learn.

I stand corrected, but I believe one field of USA legal immigration that is not very known to professionals and advanced degree holders in the Nigerian community is the EB-1 and EB-2 NIW route by which a person can self-petition for permanent residency (Greencard).

Below are helpful links that provide broad information on this category.

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants

More information specific to EB-1 and EB-2 NIW self petition without a US employer are found in the additional links below.

https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2

https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-5

20 Likes 6 Shares

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by UmmZayd: 2:32pm On Aug 06, 2022
Nice!!
It's about time we start this�

2 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Yemideee: 3:02pm On Aug 06, 2022
Nice one.Following!

1 Like

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by horlahsunbo225(m): 4:15pm On Aug 06, 2022
Make I follow this

1 Like 1 Share

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by kollykolly: 6:03pm On Aug 06, 2022
I am happy to key into this particularly for employment Based category. I wish to learn from those who have done this.

3 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by NotsonewMary(f): 12:13am On Aug 07, 2022
UmmZayd:
Nice!!
It's about time we start this�

Long overdue!, I was really surprised when I didn’t find any thread on this.

2 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Teejay13(m): 4:33am On Aug 07, 2022
This is a welcome development

1 Like

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by kollykolly: 5:32am On Aug 07, 2022
Teejay13:
This is a welcome development
All I have always seen have been non-immigrant forum.
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Damolux01(m): 10:39am On Aug 07, 2022
Let me join this awesome family. BTW, How does this work please?
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Mima6: 4:58pm On Aug 07, 2022
Ff

1 Like 1 Share

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by drbabsok: 1:38am On Aug 08, 2022
Yes, I applied for H1B visa from Nigeria and It was granted. Applied for my EB-1 NIW some months ago

11 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by kollykolly: 6:44am On Aug 08, 2022
drbabsok:
Yes, I applied for H1B visa from Nigeria and It was granted. Applied for my EB-1 NIW some months ago
Great we are in different but slightly similar shoe. Are you currently in the states? Please I have sent you pm.

1 Like 1 Share

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by drbabsok: 6:52am On Aug 08, 2022
kollykolly:

Great we are in different but slightly similar shoe. Are you currently in the states? Please I have sent you pm.

Yes
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by SleekyP(m): 12:01pm On Aug 08, 2022
Long over due….. we waiting for the updates.

1 Like

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by NotsonewMary(f): 12:26pm On Aug 08, 2022
drbabsok:
Yes, I applied for H1B visa from Nigeria and It was granted. Applied for my EB-1 NIW some months ago

Niice!, May God favor those of us in the waiting game. I also recently applied for the EB-2 NIW.

Hoping this thread gets to people who have already been approved so they can share their timeline especially from approval to greencard.

I appreciate everyone that has contributed to this thread so far. Have a beautiful and blessed week ahead everyone!

3 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by kollykolly: 5:43am On Aug 09, 2022
NotsonewMary:


Niice!, May God favor those of us in the waiting game. I also recently applied for the EB-2 NIW.

Hoping this thread gets to people who have already been approved so they can share their timeline especially from approval to greencard.

I appreciate everyone that has contributed to this thread so far. Have a beautiful and blessed week ahead everyone!
Thank you for opening this thread. I am of EB2-NIW as well waiting for consideration of my form i-140.

4 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Princelarry304: 9:00am On Aug 09, 2022
This is interesting not knowing this program is till in existence. Many Thanks for bringing this up again as a reminder .
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by drbabsok: 3:08am On Aug 11, 2022
kollykolly:

Thank you for opening this thread. I am of EB2-NIW as well waiting for consideration of my form i-140.

Did you self petition or you hired a lawyer? Goodluck on your application tho

1 Like

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Yemideee: 9:22am On Aug 11, 2022
Good morning.Please can a certified care giver apply for this kind of Visa. I have checked the links but I will like to know more..

2 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by kollykolly: 9:28am On Aug 11, 2022
drbabsok:


Did you self petition or you hired a lawyer? Goodluck on your application tho
Attorney sir.

2 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by aieromon(m): 2:23pm On Aug 11, 2022
Yemideee:
Good morning.Please can a certified care giver apply for this kind of Visa. I have checked the links but I will like to know more..

Nothing for you here.

This is where you should be
https://www.nairaland.com/6748312/uk-skilled-worker-visa-health

2 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by chibertha(f): 9:40pm On Aug 11, 2022
you are right a lot of our people do not know about these routes.

NotsonewMary:
Hello All,

This thread is dedicated to people who would like to share their employment based immigration stories and pathway for others to learn.

I stand corrected, but I believe one field of USA legal immigration that is not very known to professionals and advanced degree holders in the Nigerian community is the EB-1 and EB-2 NIW route by which a person can self-petition for permanent residency (Greencard).

Below are helpful links that provide broad information on this category.

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants

More information specific to EB-1 and EB-2 NIW self petition without a US employer are found in the additional links below.

https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2

https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-5






Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by chibertha(f): 9:44pm On Aug 11, 2022
Right now I am gathering my documents to apply for EB2 - NIW immediately after I finish my studies. No time to check time.

3 Likes 2 Shares

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Yemideee: 2:26am On Aug 12, 2022
aieromon:


Nothing for you here.

This is where you should be
https://www.nairaland.com/6748312/uk-skilled-worker-visa-health
okay thanks.If I may ask what kind of skilled jobs are eligible for this Visa?
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by aieromon(m): 6:32am On Aug 12, 2022
Yemideee:
okay thanks.If I may ask what kind of skilled jobs are eligible for this Visa?

Employment-Based Immigration: First Preference EB-1
You may be eligible for an employment-based, first-preference visa if you are a noncitizen of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. Each occupational category has certain requirements that must be met:

5 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by aieromon(m): 6:38am On Aug 12, 2022
EB-1A for Extraordinary Ability

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. You must meet at least 3 of the 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) as well as evidence showing that you will be continuing to work in the area of your expertise. No offer of employment or labor certification is required.

-Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
-Evidence of your membership in associations in 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 have been asked to judge 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 field
-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 leading or critical role in distinguished organizations
-Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
-Evidence of your commercial successes in the performing arts

3 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by aieromon(m): 6:41am On Aug 12, 2022
EB-1B for Outstanding professors and researchers

You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer. You must meet at least 2 of the 6 criteria listed below** and provide an offer of employment from the prospective U.S. employer. The private employer must show documented accomplishments and that it employs at least 3 full-time researchers. No labor certification is required.

-Evidence of receipt of major prizes or awards for outstanding achievement
-Evidence of membership in associations that require their members to demonstrate outstanding achievement
-Evidence of published material in professional publications written by others about the noncitizen's work in the academic field
-Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
-Evidence of original scientific or scholarly research contributions in the field
-Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

1 Like

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by aieromon(m): 6:43am On Aug 12, 2022
EB-1C for Certain Multinational manager or executive

You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity. Your petitioning employer must be a U.S. employer and intend to employ you in a managerial or executive capacity. The petitioner must have been doing business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capacity. No labor certification is required.

1 Like

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by aieromon(m): 6:49am On Aug 12, 2022
Employment-Based Immigration: Second Preference EB-2

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. Below are the occupational categories and requirements:

EB-2A Advanced Degree
The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field). You must meet any other requirements specified on the labor certification as applicable as of the priority date. Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty. If a doctoral degree is customarily required, you must have a United States doctorate or foreign equivalent degree.

EB-2B Exceptional Ability
You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” You must meet any requirements specified on the labor certification as applicable. You must meet at least three of the criteria below:

Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.

2 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by aieromon(m): 6:56am On Aug 12, 2022
Employment-Based Immigration: Third Preference EB-3
You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

“Skilled workers” are persons whose jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.
“Professionals” are persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.
The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

EB-3A for Skilled Workers
You must be able to demonstrate that you possess at least 2 years of job experience, education, or training that meets the job requirements specified on the labor certification. Relevant post-secondary education may be considered as training. You must be performing work for which qualified workers are not available in the United States. Labor certification and a permanent, full-time job offer required.

EB-3B for Professionals
You must demonstrate that you possess a U.S. baccalaureate or foreign equivalent degree, and that a baccalaureate degree is the normal requirement for entry into the occupation. You must be performing work for which qualified workers are not available in the United States.
Education and experience may not be substituted for a baccalaureate degree. You must meet any other requirements specified on the labor certification. Labor certification and a permanent, full-time job offer required.

EB-3C for unskilled workers
You must demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature. You must be performing work for which qualified workers are not available in the United States. You must meet any other requirements specified on the labor certification. Labor certification and a permanent, full-time job offer required.

7 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by aieromon(m): 7:25am On Aug 12, 2022
chibertha:
Right now I am gathering my documents to apply for EB2 - NIW immediately after I finish my studies. No time to check time.

National Interest Waiver of Job Offer
Since 1990, the Immigration and Nationality Act (INA) has provided that a person of exceptional ability may obtain a waiver of the job offer requirement if USCIS deems such waiver to be in the “national interest. "A subsequent technical amendment extended the job offer waiver to certain professionals. This waiver provision applies only to the second preference (EB-2) classification for members of the professions holding advanced degrees and persons of exceptional ability. This waiver of the job offer is known as the national interest waiver.

A petition filed with a request for a national interest waiver on behalf of a person does not need to be supported by a job offer; therefore, the person may file as a self-petitioner. A waiver of a job offer also includes a waiver of the permanent labor certification requirement. In support of the petition, however, the petitioner must submit the employee-specific portions of a permanent labor certification (without DOL approval). The petitioner may submit either the Form ETA 750B or Form ETA 9089. To establish eligibility, the petitioner has the burden of demonstrating that:

- The person qualifies as either a member of the professions holding an advanced degree or as a person of exceptional ability; and

- The waiver of the job offer requirement, and thus, the labor certification requirement, is in the “national interest.”


Qualification for the EB-2 classification as a member of the professions holding an advanced degree or as a person of exceptional ability does not automatically mean that the person qualifies for a national interest waiver. Regardless of whether the person is an advanced degree professional or demonstrates exceptional ability, the petitioner seeking a waiver of the job offer must not only demonstrate eligibility for the classification, but also demonstrate that the waiver itself is in the national interest.

Specifically, in the exceptional ability context, the INA requires that all petitions for a person of exceptional ability show that the person’s presence in the United States would substantially benefit the national economy, cultural or educational interests, or welfare of the United States in the future. Even if the petitioner demonstrates such exceptional ability, if the petitioner is seeking a waiver of the job offer, the petitioner must also demonstrate the additional requirement of national interest. Neither the INA nor the regulations define the term “national interest.”

The burden rests with the petitioner to establish that the waiver of the job offer requirement is in the national interest. USCIS considers every petition on a case-by-case basis.

USCIS may grant a national interest waiver as a matter of discretion if the petitioner demonstrates eligibility by a preponderance of the evidence, based on the following three prongs:

1. The person’s proposed endeavor has both substantial merit and national importance;

2. The person is well positioned to advance the proposed endeavor; and

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

https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-5

1 Like

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Yomite22(m): 9:52am On Aug 12, 2022
Maybe you should see this:
https://www.uscis.gov/working-in-the-united-states/temporary-workers/health-care-worker-certification

Yemideee:
okay thanks.If I may ask what kind of skilled jobs are eligible for this Visa?

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