Legal Question in Immigration Law in New York

Re: Looking for lawyer for employment based green card

If you qualify for a national interest waiver (NIW), you may avoid having to go through the process of labor certification in EB-2 category and will save yourself quite a bit of time.

Here are some of the documentary requirements that relate to the �exceptional ability,� or a �degree of expertise significantly above that ordinarily encountered� in the sciences, arts, or business, which could help you obtain the NIW (note that if you are successful, you will not even need a job offer or employer sponsorship to apply for permanent residency):

(A) An official academic record showing that the applicant has a degree relating to the area of exceptional ability;

(B) Employment verification letters showing that the applicant has at least ten years of full-time experience in the occupation;

(C) A license to practice the profession or certification for a particular profession or occupation;

(D) Evidence that the applicant has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;

(E) Evidence of the applicant�s membership in professional associations; or

(F) Evidence of recognition for the applicant�s achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations. Typically, such recognition can be demonstrated by publications in prominent journals, patent awards, presentations at national or international conferences, citations or other references to the applicant�s work, requests that the applicant serve as a peer reviewer, and awards for achievement in the field.

These are just examples. If you would like to see the entire list of documents for a NIW filing and legal requirements, email me.

If you do not qualify for a NIW, you may still be able to apply using the conventional EB-2 or EB-3 route but the waiting time will be longer because of the labor certification requirement.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

Re: Looking for lawyer for employment based green card

You will actually need more than answers to a couple of questions. You need to obtain a labor certification with the Department of Labor and then fill out Citizenship and Immigration Service's application to adjust your status to that of permanent resident.

I recommend that you find an attorney that is familiar with the IT industry that regularly files labor certifications. You could call AILA for a referral.

If you insist on doing this yourself and your employer does not care enough to hire an attorney then I suggest that you buy books on the new PERM procedures and books on employment based adjustment of status. The procedures are very complicated but with enough time (>100 hrs) and effort I believe that it is feasible that you could do it yourself.