Barrera Legal Group can help you in applying for a green card through an Employment Based Adjustment
of Status Process

This category is broken down into three subcategories.

EB1(a) – Extraordinary Ability in the Sciences, Arts, Education Business or Athletics through sustained national or international acclaim. No employment offer is required for this category.

EB1(b) – Outstanding Professors and Researchers recognized internationally for outstanding achievements in a particular academic field with at least 3 years of teaching experience or research in the relevant academic area. The noncitizen must be intending to pursue a tenured teaching track or a comparable research position at a university.

EB1(c)-Multinational Manager or Executive employed outside the United Sates for 1 of the past 3 years preceding the immigrant petition from the company or organization seeking to continue service to the business or organization where the employment outside the United States was as a manager or executive with the same employer.

These categories require the filing of the I-140 immigrant petition where the EB1(a) category allows for the noncitizen to petition for herself while the two other categories will require an employer to file the I-140. Our team at Barrera Legal Group can help you understand if you meet any of these categories. 

This is typically a category where an employer is required for noncitizens who are members of professions requiring an advanced degree such as a master’s degree or a bachelor’s degree with 5 years of progressive experience or who have exceptional ability in the sciences, arts or business. This category will require the employer to also undergo a recruitment process known as PERM where the employer is seeking a labor certification from the Department of Labor by proving that the employer cannot find a qualified United States workers for the position. The Barrera Legal Group team can help guide the employer with the PERM process and filing with USCIS and guide the employee in understanding if the employee has the sufficient credentials to qualify for a particular employment position. 

This category will also qualify a noncitizen for a green card based on an advanced degree as well as on demonstration of exceptional ability without the need of an advanced degree. Exceptional ability will require demonstration of a degree of expertise significantly above that ordinarily found in the sciences, arts or business.

Furthermore, the noncitizen in order to have the labor certification requirement waived will need to demonstrate that waiver of this requirement is in the interest of the United States. This can be very difficult to accomplish, but the team at Barrera Legal Group will help the applicant understand if the applicants credentials and if the work to be performed can be viewed as work that is in the interest of the United States. 

This category will require an employer and a PERM labor certification recruitment process. Eligible noncitizens include Skilled Workers where a job requires a minimum of 2 years of training or work experience that is not of a temporary or seasonal nature; Professionals where a job requires at least a United States baccalaureate degree or foreign equivalent where the noncitizen is considered a member of the profession and Other Workers for jobs requiring unskilled labor requiring less than 2 years of training or experience but is also not temporary or seasonal in nature.