Welcome to SMIGO Consultants Ltd, your trusted partner for navigating the complexities of U.S. immigration. Whether you're seeking a visa, green card, or citizenship, our experienced consultant team is here to guide you every step of the way. EB-3 Visa: Employment-Based Immigration The EB-3 visa is an employment-based green card option available to skilled workers, professionals, and other workers. Here’s everything you need to know about the EB-3 visa process: Eligibility Categories

• Skilled Workers: Must have at least two years of job experience or training.
• Professionals: Must hold a U.S. bachelor's degree or a foreign equivalent degree and the position must require such a degree.
• Other Workers: Includes positions that require less than two years of training or experience. These positions are typically unskilled.

Application Process

1. Labour Certification (PERM)
   • The U.S. employer must obtain a Permanent Labour Certification (PERM) from the Department of Labour (DOL), demonstrating that there are no qualified U.S. workers available for the position.
   • This involves advertising the job and going through recruitment processes to ensure the need for foreign labour.
2. Filing Form I-140
   • Once the labour certification is approved, the employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).
   • Supporting documentation includes proof of the worker's qualifications and the employer’s ability to pay the offered wage.
3. Adjustment of Status or Consular Processing
   • If the applicant is already in the U.S., they can file Form I-485, Application to Register Permanent Residence or Adjust Status.
   • If outside the U.S., they must go through consular processing at a U.S. embassy or consulate in their home country.

Required Documents

• Approved Labour Certification
• Proof of worker’s qualifications (education and experience)
• Employment offer letter from the U.S. employer
• Financial evidence of the employer’s ability to pay the wage

Processing Times and Fees

• Processing times vary based on the applicant's country of origin and USCIS workload. On average, it can take several months to over a year.
• Fees include USCIS filing fees for Form I-140 and I-485, along with fees for the labour certification process.

Benefits of EB-3 Visa

• Provides a pathway to U.S. permanent residency (Green Card)
• Allows the worker and their family to live and work permanently in the U.S.
• Eligibility for U.S. citizenship after maintaining permanent residency for five years

  Services Page - Detailed Content for EB-2 Visa EB-2 Visa: Employment-Based Immigration - Second Preference The EB-2 visa is an employment-based green card category for professionals with advanced degrees or individuals with exceptional ability in the sciences, arts, or business. Here’s a comprehensive overview of the EB-2 visa process: Eligibility Categories

• Advanced Degree Professionals: Individuals holding an advanced degree (master’s or higher) or a bachelor’s degree plus five years of progressive work experience in their field.
• Exceptional Ability: Individuals who can demonstrate exceptional ability in the sciences, arts, or business. This requires significant documentation showing a level of expertise significantly above that ordinarily encountered in their field.
• National Interest Waiver (NIW): Individuals whose work is in the national interest of the United States. This category allows applicants to self-petition without a job offer or labor certification.

Application Process

1. Labour Certification (PERM)
   • For most EB-2 applicants (except those applying under the National Interest Waiver), the U.S. employer must obtain a Permanent Labor Certification (PERM) from the Department of Labor (DOL). This process demonstrates that there are no qualified U.S. workers available for the position.
   • This involves advertising the job and going through recruitment processes to ensure the need for foreign labor.
2. Filing Form I-140
   • The employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).
   • Supporting documentation includes proof of the worker's qualifications and the employer’s ability to pay the offered wage.

1. Adjustment of Status or Consular Processing
   • If the applicant is already in the U.S., they can file Form I-485, Application to Register Permanent Residence or Adjust Status.
   • If outside the U.S., they must go through consular processing at a U.S. embassy or consulate in their home country.

National Interest Waiver (NIW) Specifics

• Criteria for NIW: The work must have substantial merit and national importance. The applicant must be well-positioned to advance the proposed endeavor, and it must be beneficial to the U.S. to waive the labor certification requirement.
• Self-Petitioning: Applicants can self-petition without a job offer, making it a flexible option for those whose work benefits the U.S.

Required Documents

• Approved Labour Certification (if applicable)
• Proof of the applicant’s advanced degree or exceptional ability (academic records, work experience, letters of recommendation, awards, etc.)
• Employment offer letter from the U.S. employer (if not applying under NIW)
• Evidence of the employer’s ability to pay the wage (financial statements, tax returns)

Processing Times and Fees

• Processing times vary based on the applicant's country of origin and USCIS workload. On average, it can take several months to over a year.
• Fees include USCIS filing fees for Form I-140 and I-485, along with fees for the labor certification process if applicable.

Benefits of EB-2 Visa

• Provides a pathway to U.S. permanent residency (Green Card)
• Allows the worker and their family to live and work permanently in the U.S.
• Eligibility for U.S. citizenship after maintaining permanent residency for five years
• National Interest Waiver offers a flexible and expedited route without the need for a labour certification

  L-1 Visa: Intracompany Transferee The L-1 visa is designed for employees of international companies who are being transferred to a U.S. branch, subsidiary, or affiliate. Here’s an in-depth look at the L-1 visa process: Eligibility Categories

• L-1A Visa: For managers and executives being transferred to the U.S. to work in a managerial or executive capacity. The visa is valid for up to seven years.
• L-1B Visa: For employees with specialized knowledge being transferred to the U.S. to work in a position requiring such knowledge. The visa is valid for up to five years.

Requirements

• The employee must have worked for the foreign company for at least one continuous year within the last three years.
• The U.S. company and the foreign company must have a qualifying relationship (parent, branch, affiliate, or subsidiary).
• The employee must be coming to the U.S. to work in a managerial, executive, or specialized knowledge capacity.

Application Process

1. Filing Form I-129
   • The U.S. employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS.
   • Supporting documents include evidence of the qualifying relationship between the U.S. and foreign entities, proof of the employee’s qualifications, and details of the employee’s U.S. job responsibilities.
2. Approval and Visa Issuance
   • Once Form I-129 is approved, the employee applies for the L-1 visa at a U.S. embassy or consulate in their home country.
   • An interview may be required, and additional documentation must be provided.

Required Documents

• Form I-129 and its approval notice
• Proof of qualifying relationship between the U.S. and foreign entities
• Evidence of the employee’s work history and qualifications
• Detailed job description and organizational charts

Processing Times and Fees

• USCIS processing times for Form I-129 can range from a few months to over a year.
• Premium processing is available for an additional fee, which expedites the process to 15 calendar days.
• Visa application fees must be paid at the U.S. embassy or consulate.

Benefits of L-1 Visa

• Allows multinational companies to transfer key personnel to the U.S. seamlessly
• L-1A visa holders may be eligible for EB-1C Green Card for multinational managers and executives, offering a pathway to permanent residency
• Dependents (spouse and children under 21) can accompany the L-1 visa holder and may apply for work authorization (L-2 visa)