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Law Offices of Kamlesh Tewary

Main Office
1974 State Route 27
Edison, NJ 08817
Ph: (732) 287-0080
Fx: (732) 287-3836

Hillsborough Office
Mountainview Plaza
856 Route 206, Bldg. B, Suite 13
Hillsborough, NJ 08844
Ph: (732) 287-3157
Fx: (732) 287-3836

Dallas Office
8751 Collin McKinney Pkwy
Suite 1102, #586
McKinney, TX 75070
Ph: (732) 287-1115
Fx: (732) 287-3836


Below are some quick answers to some frequently asked questions within the area of employment-based immigration law. For more detailed discussions on these topics, including information articles and the latest news updates, click above for our News page.

EB-1 Green Card FAQs – Extraordinary Ability, Researchers & Multinational Executives

What are the requirements for an EB-1 green card?

EB-1 is a first-preference employment-based visa. EB-1A is for extraordinary ability, EB-1B for outstanding professors/researchers, and EB-1C for multinational executives/managers. Each has distinct eligibility requirements and no labor certification is needed.

Who qualifies for an EB-1 extraordinary ability green card?

EB-1A is for individuals with national or international recognition in their field. Applicants must demonstrate extraordinary ability via a major award or meet at least three of ten regulatory criteria, such as publications, original contributions, or judging others' work.

Can I self-petition for an EB-1 green card?

Yes, EB-1A allows self-petitioning without an employer. EB-1B and EB-1C usually require employer sponsorship.

What evidence is required for an EB-1 petition?

Evidence varies by subcategory. EB-1A: awards, publications, original contributions. EB-1B: scholarly recognition and permanent employment offer. EB-1C: managerial/executive experience and qualifying company relationship.

How long does EB-1 processing take?

Processing generally takes 6–12 months. Premium processing guarantees a decision within 15 days for an extra fee.

Why are EB-1 petitions denied?

Denials occur due to insufficient evidence, failure to meet criteria, or unclear documentation of accomplishments and recognition.

EB-2 Green Card & National Interest Waiver (NIW) FAQs

What are the EB-2 green card requirements?

EB-2 is for individuals with an advanced degree or exceptional ability. Petitions may be employer-sponsored or self-petitioned via National Interest Waiver (NIW).

What is the EB-2 National Interest Waiver?

NIW allows self-petitioning without employer sponsorship or labor certification if the work benefits U.S. national interest and the applicant is well-positioned to advance it.

Who qualifies for an EB-2 NIW?

Individuals with an advanced degree or exceptional ability whose work benefits the U.S. national interest. Must show substantial merit, national importance, and ability to advance their proposed work.

Can I apply for EB-2 without employer sponsorship?

Yes, through the NIW program, self-petitioning is allowed if the work is in the national interest.

How long does EB-2 NIW processing take?

Processing typically takes 8–14 months depending on USCIS workload, country of chargeability, and case complexity.

EB-3 Green Card & PERM Labor Certification FAQs

What is PERM labor certification?

PERM is a process to show no qualified U.S. worker is available for a job. Employers must conduct recruitment and obtain Department of Labor certification before filing an employment-based green card petition.

How long does the PERM process take?

Typically 6–12 months including recruitment and DOL processing. Audits or complex cases may take longer.

Who pays for PERM labor certification costs?

The employer covers all recruitment and filing costs. These cannot be passed on to the employee.

What jobs qualify for EB-3 sponsorship?

EB-3 covers skilled workers, professionals, and other workers. Jobs must meet DOL standards and require PERM certification.

Is EB-3 easier than EB-2?

EB-3 is generally more accessible for applicants without advanced degrees, but EB-2 allows higher-skilled workers or exceptional ability and may offer faster pathways via NIW.

H-1B and H-4 Visa FAQs

What are the H-1B visa requirements?

H-1B allows U.S. employers to hire foreign workers in specialty occupations requiring a U.S. bachelor’s degree or equivalent. Employers must file a Labor Condition Application and submit a petition to USCIS.

How does the H-1B lottery work?

If petitions exceed the cap, USCIS runs a random lottery. Selected registrations can file full petitions; unselected are returned.

What is the H-4 visa?

H-4 is for immediate family members of H-1B holders, allowing them to live and study in the U.S. Some spouses may qualify for work authorization.

Can H-4 visa holders work in the U.S.?

Eligible spouses of H-1B holders can apply for an Employment Authorization Document (EAD) if certain criteria are met.

Can H-1B holders apply for a green card?

Yes, through employment-based categories such as EB-1, EB-2, or EB-3. Employer sponsorship or PERM may be required.

O-1, P-1, L-1, TN, and E-3 Visa FAQs

What is the O-1 visa?

O-1 is for individuals with extraordinary ability in sciences, arts, education, business, or athletics. Requires evidence of achievements and a U.S. petition.

What is the P-1 visa?

P-1 is for internationally recognized athletes, entertainers, or groups coming temporarily to perform or compete in the U.S.

What is the L-1 visa?

L-1 allows multinational companies to transfer managers, executives, or employees with specialized knowledge to a U.S. office. L-1A: managers/executives; L-1B: specialized knowledge.

What is a TN visa?

TN is for Canadian and Mexican professionals under USMCA to work temporarily in approved occupations in the U.S.

What is the E-3 visa?

E-3 is for Australian citizens to work in specialty occupations in the U.S., requiring a job offer and Labor Condition Application.

Can these visas lead to a green card?

Many temporary work visas, including H-1B, L-1, O-1, TN, and E-3, can transition to green cards through employment-based categories like EB-1, EB-2, or EB-3.


 
Below you will find some links to external websites that provide information on the processing of employment-based immigration applications:

  • USCIS Case Status Enquiries - To find out the current status of a pending application or petition, go to the United States Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) online case status database, and type in your receipt number, without the dashes.
     
  • USCIS Processing Times - The USCIS also publishes petition/application processing times, categorized by Service Center.
     
  • Visa Case Status Enquiries - To find out the current status of a pending immigrant or nonimmigrant visa application, go to the United States Department of State's Consular Electronic Application Center, and type in your case number.
     
  • Visa Priority Dates - An immigrant visa is only available if the priority date is shown as current under the Visa Bulletin. Priority dates are determined by the date of filing of the labor certification in employment-based cases or the immigrant petition in family-based cases.
     
  • Consulate Waiting Times - The Department of State has published Visa Wait Times, categorized by Consulate.
     
  • General USCIS Inquiries - General questions regarding addresses, USCIS appointments, status inquiries, corrections, filing fees, etc. can be addressed to the USCIS National Customer Service Center at (800) 375-5283.
     
  • Department of Labor FLAG Portal - This website features the Department of Labor's Labor Condition Application (LCA) and Permanent Labor Certification (PERM) online filing systems. It also contains processing times, prevailing wage information and immigration-related FAQs.
     
  • Corporate Registrations and Filings - The websites of the New York Department of State - Division of Corporations and the New Jersey Department of Treasury contain guidance on corporate filings, name availability, certifications, licensing requirements and other useful information relating to business entities and their internal governance.
     
  • Consular Information - To find out the contact information (including email, address and telephone) for the consulates/embassies for most countries in the world, visit this site.
For further information regarding immigration law, visit the USCIS Website. The website of the Department of Labor, which has promulgated regulations relating to alien labor certification and labor condition applications, can be visited at http://www.doleta.gov.

 
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