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I'm from Kuwait, I'm living in Kuwait at the moment. I'm 37…

Hi, My name is*****'m...

Hi, My name is*****'m from Kuwait, I'm living in Kuwait at the moment. I'm 37 and I have a 12 year old daughter. I'm a law lecturer at Kuwait university. I'm interested in migration to the US, specifically Baltimore Maryland. I guess what I would like to know is whether that is possible? what are the conditions..etc

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

No

Lawyer's Assistant: Have you talked to a lawyer about this?

No, you're the first firm I've approached

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Answered in 27 minutes by:
5/10/2018
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,997
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Customer reply replied 3 months ago
Hello Jen Marie,
You wrote you'll respond to me question soon, but unfortunately it's been hours, and I haven't heard from you!
I hope you'll get back to me soon
Thank you

Hi Fatima- I'm so sorry. I sent the answer many hours ago and I'm not sure why you did not receive it. I will write it again, it will take me a few minutes.

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It is possible to migrate to the US but in order to migrate you must fit into one of these categories below in order to have a basis to get a green card.

1. The most common way is through a person's family or spouse. The family must be US citizen or legal permanent residents (green card holders) and they must petition the person (you) with form I-130 Not all family qualifies, it must be someone's spouse, parent or child if they are 21 and over, or also through a sibling... If you have one of those in the US, they can petition for you to come to the US but there is usually still a wait time, in some cases many years.

2. The next way is through a job/employment. For a green card based on employment, it depends on your educational background and experience but most commonly you will need at least a Bachelor's degree. If not you will need 3 years experience for each year of a Bachelor's so 12 years in the field you want to work in. First and Most importantly you would need a job offer from a company that is willing to petition for your green card. It is difficult because it is costly. The company has to pay you (the person) the "prevailing wage" for your position and must show that it can afford your wage and has a need for your position and that you studied that field or has experience. That company has to go through a process called Labor Certification which begins with proving to the US Dept of Labor that you would not be taking a job away from a US citizen or resident in the US and that no one else in the US can do your job and has your qualifications. For this, the less experience and education you have the more difficult and longer this will take to have a green card available and you cannot wait here inside the while you wait for a green card to be available. This is the Eb-2 and Eb-3.

If you are a person of extraordinary ability or qualify for National Interest Waiver, top 10% of your craft, you may qualify for extraordinary ability visa EB-1. For that you don't need an employer to sponsor you. You sponsor yourself but it is difficult to qualify.

If you have a master's

3. Investing in the US is another way to get your green card here. If you can invest at least $500,000 in a company in the US, there is a special green card program.

You would also have to create 10 or more jobs for U.S. workers through this investment. This is the EB-5

4. The next way is applying for asylum.

You must prove that if you returned to your home country, you will be persecuted there on account of your religion, race, nationality, religion, or membership in a particular social group.

You would have to show that you would be persecuted for the reasons I listed. It has to be something that is happening only to you or a small group and not to the general population. You would have to apply for this within 1 year of entering the US.

5. The last way is through the diversity visa ( which is a lottery). Here is more information on that. http://www.uscis.gov/green-card/other-ways-get-green-card/green-card-through-diversity-immigration-visa-program/green-card-through-diversity-immigrant-visa-program

Depending if you prefer a temporary visa instead to come for a temporary time there are other options. These will not get you a green card.

The most common work visa is the H1B visa. For this, you need a job offer for a specialized position in the area where you have your bachelor's degree. The problem is you cannot apply for this until April 2019 and you cannot begin work until October 2019 if you are approved. And come or wait in the US until October. Also there is usually a lottery for this because visa numbers are limited and more people apply then there are visas. So even if she applies right on April 1, she may not even have her application reviewed.

Another work visa option is the L1. For this, you would have to have a job offer from a company here in the US for which you have worked for in their affiliate company in a foreign country at least 1 year in the last 3 years. You don't have to wait for 2018 to apply for this. The company must be sending you to the US as an executive or managerial position or for a job with specialized knowledge

. There are also options such as the F-1 visa for students, which require admittance to a university in the US.

Good luck to you and I hope this answer has helped you.

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Customer reply replied 3 months ago
Thank you Jen,
I have a PhD in Law, Economic Law, I obtained my Masters and PhD from a very good university in the UK (Warwick University), and I've been lecturing at Kuwait University since 2012, I wrote and published several interesting papers in my filed. I have other positive and unique skills, but this isn't the best place to write you a full CV. What I'd like to know is; whether my degrees qualify me for the National Interest Waiver? or is that arbitrary? Can you confirm what exactly makes someone qualify for extraordinary ability/national interest waiver, or is it completely within the discretion of the officials in charge?Thank you
Customer reply replied 3 months ago
Hello Jen, I had a follow up question but unfortunately I did not receive your answer. It could be the weekend, where you are, which is understandable, but I was worried that I didn't receive your response, due to some kind of glitch, like with your first response!
Thank you

Hello again. Sorry for the delay. I was not online yet for the day. The decision on whether someone qualifies for extraordinary ability green card or national interest waiver is not arbitrary. There is a list of requirements that you must be able to fulfill for each.

EB-1 - There are two sub categories of the extraordinary ability visa.

1. Extraordinary Ability which is for anyone who has demonstrated extraordinary ability to a high level across their field. The fields included are sciences, arts, education, business, or athletics and you must show sustained national or international acclaim. You don't need a job offer for that. You must satisfy 3 out of 10 requirements below OR provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal):

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

2. The second is specifically for “outstanding professors and researchers” and is for anyone who can demonstrate “outstanding achievements in a particular academic field” and “3 years experience in teaching or research in that academic area” and who is “entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education”. You will definitely fit better into the second with your experience and education BUT you do need a job offer from a US employer.

Here are some examples of Documentary Evidence That A Person is an Outstanding Professor Or Researcher

  • Evidence of receipt of major prizes or awards for outstanding achievement
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement
  • Evidence of published material in professional publications written by others about the alien's work in the academic field
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Evidence of original scientific or scholarly research contributions in the field
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

EB-2 - The National Interest Waiver option falls under the EB-2 green card option. You will satisfy the first part /requirement due to your advanced degree. Normally you would need a job offer for Eb-2, but if you can satisfy the National Interest requirements then what it does it allows you to not need an employer for this green card, similar to the EB-1. For the National Interest waiver in general you must show your employment in the United States would greatly benefit the nation. Specifically you have to fulfill these requirements.

  1. The foreign national’s proposed endeavor have both substantial merit and national importance;
  2. The foreign national is well positioned to advance the proposed endeavor;
  3. On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements

To get more information on each one, you can read here. It describes prong 1, 2, 3. http://www.wegreened.com/niw/Requirements-For-Petitioning-For-the-National-Interest-Waiver

In case you feel you may not qualify for any of these, which I don't think is the case, you can also try to find an employer, a university , that would like to hire you and they can petition your green card. It is different than the EB-1 outstanding professor, which you just need a job offer from. This route requires the offer plus an extensive process done by the employer. That's why it is not the first choice, but it is a choice nonetheless. You don't have to work with them indefinitely. You can work with them until you get your green card and then 6 months to a year after and then you are free to work where you'd like. Here is one university that explains the process for them https://ap.washington.edu/ahr/visas/permanent-residency/process/

I hope this does help and gives you a place to start. Hope you can kindly issue a positive rating.

Ask Your Own Immigration Law Question

Hello again. Sorry for the delay. I was not online yet for the day. The decision on whether someone qualifies for extraordinary ability green card or national interest waiver is not arbitrary. There is a list of requirements that you must be able to fulfill for each.

EB-1 - There are two sub categories of the extraordinary ability visa.

1. Extraordinary Ability which is for anyone who has demonstrated extraordinary ability to a high level across their field. The fields included are sciences, arts, education, business, or athletics and you must show sustained national or international acclaim. You don't need a job offer for that. You must satisfy 3 out of 10 requirements below OR provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal):

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

2. The second is specifically for “outstanding professors and researchers” and is for anyone who can demonstrate “outstanding achievements in a particular academic field” and “3 years experience in teaching or research in that academic area” and who is “entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education”. You will definitely fit better into the second with your experience and education BUT you do need a job offer from a US employer.

Here are some examples of Documentary Evidence That A Person is an Outstanding Professor Or Researcher

  • Evidence of receipt of major prizes or awards for outstanding achievement
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement
  • Evidence of published material in professional publications written by others about the alien's work in the academic field
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Evidence of original scientific or scholarly research contributions in the field
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

EB-2 - The National Interest Waiver option falls under the EB-2 green card option. You will satisfy the first part /requirement due to your advanced degree. Normally you would need a job offer for Eb-2, but if you can satisfy the National Interest requirements then what it does it allows you to not need an employer for this green card, similar to the EB-1. For the National Interest waiver in general you must show your employment in the United States would greatly benefit the nation. Specifically you have to fulfill these requirements.

  1. The foreign national’s proposed endeavor have both substantial merit and national importance;
  2. The foreign national is well positioned to advance the proposed endeavor;
  3. On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements

To get more information on each one, you can read here. It describes prong 1, 2, 3. http://www.wegreened.com/niw/Requirements-For-Petitioning-For-the-National-Interest-Waiver

In case you feel you may not qualify for any of these, which I don't think is the case, you can also try to find an employer, a university , that would like to hire you and they can petition your green card. It is different than the EB-1 outstanding professor, which you just need a job offer from. This route requires the offer plus an extensive process done by the employer. That's why it is not the first choice, but it is a choice nonetheless. You don't have to work with them indefinitely. You can work with them until you get your green card and then 6 months to a year after and then you are free to work where you'd like. Here is one university that explains the process for them https://ap.washington.edu/ahr/visas/permanent-residency/process/

I hope this does help and gives you a place to start. Hope you can kindly issue a positive rating.

Ask Your Own Immigration Law Question

Please refer to the second answer. The first one got mixed up with other information.

Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,997
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Customer reply replied 3 months ago
Thank you

You're very welcome.

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