Business Immigration & Work Visas Attorney in Newark

Foreign citizens who seek to enter the United States on employment grounds must obtain a visa to do so. Work visas require the prospective employer to file a petition with U.S. Citizenship and Immigration Services (USCIS), which must approve your petition before you can obtain the visa.

Individuals who are lawful nonimmigrants may apply for work authorization by: 

• A change of status to a nonimmigrant classification that provides employment authorization; or
• An adjustment of status to become a lawful permanent resident. 

Those currently in the United States may also file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD). 

Common Types of Work Visas

The federal government classifies different types of work visas depending on the type of work and the employer. 

Some common types of work visas include:

• EB-1 (Outstanding Professors or Researchers): This is an immigrant visa for individuals with extraordinary abilities, outstanding professors or researchers, and multinational executives or managers, allowing them to obtain U.S. permanent residency without the need for a job offer.
• H-1B “Person in Specialty Occupation”: This is a visa for working in a specialty occupation and requires a higher education degree or its equivalent. This is the most common type of work visa.
• H-2A “Temporary Agricultural Worker”: This is for temporary or seasonal agricultural work determined to be in the United States’ interest.
• L “Intracompany Transferee”: This is for working at a U.S. branch, parent, affiliate, or subsidiary of a current employer in a managerial or executive capacity, or in a position requiring specialized knowledge. The applicant must have been employed by the same employer abroad continuously for 1 year within the last three years.
• O “Individual with Extraordinary Ability or Achievement”: This visa is for persons with “extraordinary ability or achievement” in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields, demonstrated by national or international acclaim. This includes persons providing essential services for the above individuals.
• P-1 “Individual or Team Athlete, or Member of an Entertainment Group”: This is for performing at a certain athletic competition as an athlete or as a member of an entertainment group with an internationally recognized level of sustained performance. This includes persons providing essential services in support of these individuals.
• P-3 “Artist or Entertainer (Individual or Group)”: This visa enables a person to perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. This includes persons providing essential services in support of these individuals.

If you have questions about obtaining legal permission to work in the U.S., the Law Office of Gregory J. Eck can help you. Attorney Eck can take a closer look at your employment situation to determine the most viable work visa to apply for. He will help you navigate every step of the process and help you transition seamlessly into the American work culture.

What Evidence Is Required To Demonstrate Extraordinary Ability As A Professor Researcher For The EB-1 Visa?

To prove extraordinary ability as a professor or researcher, the USCIS demands compelling evidence of your achievements being internationally recognized. Our experienced Newark work visa attorney is adept at guiding clients through this process. Required evidence includes your significant contributions to the field, your work being cited in professional publications, memberships in societies that signify outstanding achievement, and prestigious awards or honors you've received. Additionally, documenting your role in a notable organization, where your contributions were critical, is crucial. 
Letters of recommendation from peers, government officials, or organizations acknowledging your achievements are also incredibly valuable. These should highlight how your work has had a broad impact and set you apart as a leader in the field. 

Can I Self-Petition For An EB-1 Visa As An Outstanding Professor Or Researcher?

While the EB-1 visa category is an excellent pathway for individuals with extraordinary abilities to seek permanent residency in the United States, it's important to understand its specific requirements, particularly for outstanding professors or researchers. According to U.S. immigration law, outstanding professors or researchers are not eligible to self-petition under the EB-1 category. Instead, these individuals must be sponsored by a prospective employer.

Here, the term 'employer' encompasses universities, research institutions, or private entities that boast a recognized unit specifically focused on research activities. Alongside the responsibility of petitioning on behalf of the professor or researcher, these employers are also required to issue a definitive job offer.
Our Newark EB-1 visa attorney team specializes in assisting professors and researchers to navigate this complex process. We can also help explore other potential pathways for those who wish to self-petition, such as the EB-1A category for individuals with extraordinary ability in their field who can demonstrate that they meet the strict criteria set forth by USCIS without needing an employer to sponsor their petition.
 

Schedule a consultation with the Law Office of Gregory J. Eck to get started on your visa application today.