The EB-1A Green Card Application over PERM Labor Certification, EB1A, EB-1A Green Card, EB1 Application, PERM, PERM Labor Certification, Labor Certification

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The EB-1A Green Card Application over PERM Labor Certification

Hi William,

My company's lawyer want me to apply for PERM Labor Certification first for my U.S. Green Card process. But I still want to apply for EB-1A Green Card by myself to reduce the processing time, do you think it is a good option for me?

Answer,

The EB-1A application does not require Labor Certification. Furthermore, an applicant can do self-application for the EB-1A application, which means that the applicant does not need a specific sponsorship from U.S. employer, or even a job offer. The only requirement is that the person must stay in the same field during the application process.

A job offer is not required under the EB1 Extraordinary Ability category, and the foreign national does not need an employer sponsor to file the EB-1A application. The burden of proof in EB-1A application rests solely with the petitioner. The petitioner has to provide substantial evidence of the three out of ten regulatory criteria that the alien is attempting to satisfy, or evidence of a one-time major prize. If a beneficiary is qualified, the probability of success depends largely on the way the case is presented.

For many foreign nationals, the EB1 Extraordinary Ability is an attractive immigration category, because the immigrant visas are normally current for everyone in the EB1 categories, and it also allows self-petition without U.S. employer's sponsorship and even a job offer.

Without the requirement of Labor Certification, an employer's sponsorship, or even a job offer, an EB-1A applicant also enjoys much greater freedom in an employment. An alien applicant does not need to meet some very strict conditions set otherwise in the Labor Certification, such as:

leave current employer;
lose job;
change job description or title;
change job location;
employer out of business;
employer merger with other company.

Therefore, as an applicant in the EB-1A application, you do not need to worry about a failure to satisfy the conditions set by the Labor Certification and the jeopardy of your Green Card application process. You do not have to be stuck with your current employer during the whole Green Card application process for several years before change to another employer. Your Green Card application process and situation is under your control, not your employer's control.