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IMMIGRATIONS

EB1 Visa US Employment Application Process

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The EB-1A Visa, also known as the Extraordinary Ability green card, is part of the EB-1 employment-based set of permanent residency visas.

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The EB1 visa is the first category in employment-based immigration visas. EB1 allows people with excellent academic or work achievements to immigrate to the US permanently.

The person who can prove that they have these achievements can live and work in the US afterward. They can obtain US documents such as a driver’s license, own property, continue their education, and get married and have children. After a certain point that they have held the EB1 visa without any problems, they can also apply for US citizenship.

Who Can Apply for the EB1 Visa

Based on the various achievements that people can have, the US government has divided the EB1 visa into three sub-categories:

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  •  Outstanding professors and researchers who have received international recognition for their contributions to their fields:  The professors and researchers must have at least three years of experience in research or teaching, and they must prove that they are coming to the US to continue advancing their field in a research or teaching position in a university.
  • Multinational managers or executives who have worked for an international branch of a US company for at least one year in the past three years: They must be applying for an EB1 visa to continue working for that company, and their position in the US must match or be higher than the one they had in a foreign country.
  • People with extraordinary abilities in arts, science, education, athletics, and business: The achievements of these people must be extensive and internationally recognized, and they do not need an employment offer to apply for the EB1 visa.

How do I qualify for EB-1?

The evidence submitted must meet at least 3 out of 10 criteria set by USCIS or provide proof of a truly exceptional single achievement.

  • Through sustained national or international acclaim, you can demonstrate extraordinary ability in your field (sciences, arts, education, business, or athletics).
  • We have membership in one or more associations in the field that require outstanding achievement as a condition of membership.
  • Proof of published material about the beneficiary in professional or major trade publications or other media.
  • Evidence of having been invited to judge the work of others, whether as an individual or part of an expert panel.
  • Evidence of original scientific, scholarly, or business-related contributions of major significance to the field.
  • Evidence of authorship of scholarly books or articles (in journals with international circulation) in the field.
  • Evidence of performance in a leading or critical role in respected organizations.
  • And possibly evidence of commanding a high salary (or other significantly high remuneration) compared to others in the field.
  • Published material in professional publications written by others about the beneficiary’s work in the academic field.
  • Original scientific or scholarly research contributions in the field

EB1 Eligibility Criteria

Based on the three sub-categories of the EB1 visa, there are various requirements that applicants must meet.

Standard EB1 eligibility criteria

To qualify for the green card category, you must prove that you meet at least three of the criteria below:

  • Be a member of an association for their field which continuously asks for advancements from their members.
  • Have received a national or international prize/award for their achievements and excellence.
  • Contribution in your field in a scholarly, scientific, artistic, athletic, or business-related significant way.
  • Have your work featured in exhibitions or other showcases.
  • Evidence that you have performed a crucial role in a distinguished organization.
  • Have published papers or research in your field which has been recognized in journals or the media.
  • Receive a high salary, and you are expected to be paid significantly compared to others in your field.
  • Be the recipient of commercial success in performing arts.

EB1 Eligibility Criteria for Professors and Researchers

For the Professor or Researchers category, you must meet two of the criteria below and have an offer from a US employer.

  • Be the recipients of awards/prizes for your achievements.
  • Proof that others have written and published material about your work and achievements in your field.
  • Evidence that you were asked to evaluate the work of other people either as an individual or in a panel
  • Be an author of scholarly or scientific contributions in your field.
  • Have written and published articles or books in international trade journals in your field.

EB1 Eligibility Criteria for Multinational Managers

Finally, to qualify for the Multinational Manager or Executive EB1 visa, you must have a valid job offer from the company with a branch or subsidiary in the foreign country and be employed or worked with them.

How to Apply for the EB1 Visa?

Applications for the EB1 visas have multiple steps which involve both the employer and the foreign employee. The application process has these two parts:

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  • The US employer obtains labor certification and files the necessary petitions
  • If approved, the foreign employee then applies for the EB1 visa at a US Embassy in their home country.

If you are applying based on Extraordinary Abilities, you do not need to have an employer file a petition, but you can file one yourself. For the Professor/Researchers and Multinational Manager EB1 visas, you must have an employer file the petition for you.

EB1 Visa Application Procedures from US Employer:

Now, you get the right details today;

Getting the Labor Certification

The first requirement for a US employer to hire a foreign employee is to get a labor certification from the US Department of Labor. This is done by filling out Form ETA 750 to the DOL. By submitting this form, the US employer states that they tried to find a US employee for that job but could not, and the foreign worker will be paid a prevailing wage.

The DOL processes the form, and the employer and employee are notified of the decision. If approved, the US employer can go on to the next step, but the foreign worker cannot get an EB1 visa if the certification is denied.

Filling the Petition

In addition to the labor certification, the employer must file a petition to the US Citizenship and Immigration Services (USCIS). This is done by filing Form I-140, Immigration Petition for Alien Worker. The employer must also attach financial statements, audits, and tax returns to prove that the company is financially stable. For the Extraordinary Ability EB1 visa, you, as the applicant, can file the petition to USCIS and pay the fee.

USCIS will process the petition and will notify the employer. The case will go to the National Visa Center (NVC) if approved. If denied, the US employer cannot hire a foreign worker.

When the case goes to the NVC, they assign a case number and invoice ID number. These documents will be part of the package with instructions on how to apply that will be sent to the foreign employee in their home country. However, since there is a cap on the EB1 visas, the NVC will only send this package when the applicant’s priority date becomes current.

EB1 visa application procedures from foreign worker:

Get all you need to know from below details;

File Form DS-260, Online Immigrant Visa Application

The applicant or foreign worker must complete this form which serves as an application for the EB1 visa. The US Embassy or Consulate will process the form they are applying for.

Complete medical examination and vaccination

In the NVC package, there will also be requirements about medical examinations and vaccination that the applicant must conduct. The applicant must go to a licensed doctor to complete the documents and have them signed.

Compile the supporting documents file for the EB1 visa

After the NVC approves your Form DS-260, you must send the supporting documents for your case.

To apply for an EB1 Visa, you must provide the following documents to your application file:

  • Your passport, which must be valid for more than six months after your intended departure to the US
  • Your employment offer from the US employer
  • The approved labor certification
  • The approved petition
  • Your DS-260 confirmation page
  • Your signed medical and vaccine documents
  • Two photograph meeting the requirements for a US visa Photo
  • Proof that you meet the criteria for the category you are applying
  • Letters from previous employers
  • Court and criminal records
  • The NVC might require other supporting documents depending on the case, so you must follow their instructions carefully.

Attend the EB1 visa interview

The NVC will review your application and supporting documents, and if there are no more requirements, they will schedule an interview for you at the US Embassy you are applying from. Attend the interview and be as specific as possible in answering the questions regarding your background and other details. The interviewer will make the final decision on whether they should issue you an EB1 visa or not.

Receive the NVC package and travel to the US

If your EB1 visa is approved, you will receive a package from the NVC. It would be best if you did not open this package. Take it with you when you travel to the US and give it to an immigration officer at a US port of entry. Only they can open it and decide whether you should be allowed to enter the country.

What are the EB1 visa fees?

There are many fees that you are responsible for paying while you apply for the EB1 visa. The amounts vary and are decided by USCIS and the US Embassy in the country you are applying from. In general, you will have to pay the following fees:

  • USCIS Form I-140 petition filing fee
  • Form DS-260 processing fee
  • Medical examination fees
  • Fees for obtaining supporting documents
  • Any translation fees from a foreign language to English

How long is the EB1 visa Processing Time?

The processing time for an EB1 visa can be from a few months to a few years. Since employment-based visas have a cap, the EB1 processing time can be extended.  This is defined by when you apply and whether you are next in line from USCIS and NVC.

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IMMIGRATIONS

Iceland Residence Permits Application Process

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An Iceland residence permit entitles the holder to travel to and stay in Iceland for three months. If the applicant satisfies all of the requirements outlined in the application by the Icelandic Directorate of Immigration, the permit will be issued to him or her.

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Holders of an Iceland resident permit can make use of many of the same advantages as Icelanders. The owners of various sorts of residency permits are allowed to work. A work permit may be necessary for certain specific circumstances.

Not all citizens of the world will require an Iceland resident permit. Certain favored groups can go to Iceland and live there without applying for a residency visa.

For immigration to Iceland, citizens of the following countries do not require a resident permit:

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  • Norway
  • Switzerland
  • Iceland
  • EU Member States
  • Liechtenstein

Types of Iceland Residence Permits

There are various residency permits, depending on why you live in Iceland. Choosing the appropriate form of residency permit is crucial. According to it, you will be gathering the necessary paperwork. It also outlines what is permitted and prohibited in Iceland.

These are the several forms of Icelandic residency permits:

  • Family reunification
    • Spouse or cohabiting companion
    • Children under 18 years old
    • Parents 67 years of age or older
    • Parent of a child under 18 years
  • Study
  • Volunteers
  • Specialties
  • Missionaries
  • Legitimate and special purpose
  • Permanent residence permit
  • Work
    • Shortage of workers
    • Athletes
    • Qualified professionals on the grounds of collaboration and service contracts

Iceland residency permit requirements

The gathering of the necessary documents is the critical component of your application for an Iceland residency visa. There are two groups of these documents:

  • The basic requirements – which you will need to collect regardless of the type of residence permit you are applying for.
  • The detailed requirements – which you will need to collect according to the residence permit type you are applying for

Basic Requirements for a Residence Permit

The following criteria must be met to obtain an Icelandic residence permit:

  • Payment receipt: You will get a payment receipt if you pay the residence permit fee at the bank. Make sure your name is written on it.
  • Photocopy of passport
  • Application for a residence permit
  • Criminal record certificate
  • Proof of Financial means
  • Certificate of health insurance
  • Passport photo

Detailed Requirements

You must submit the following paperwork, depending on the type of Iceland residency permit you are seeking for:

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Conditions for an Iceland Family Reunification Residence Permit

  •  Certificate on cohabitation
  • Birth certificate
  • Child custody
  • Death certificate
  • Divorce documents
  • Martial status certificate
  • Marriage certificate

Conditions for an Iceland Study/Education Residence Permit

  • Either a letter of acceptance or a certificate of admission to the university.
  • If the applicant intends to work as a student:
    • Employment agreement
    • Application for a work permit

Iceland Working Residence Permit Requirements

  • Application for the appropriate work permit
  • Employment contract

Prerequisites for an Icelandic Au Pair Residence Permit

  • An original written contract between an au pair and the host family.

Criteria for an Iceland Missionaries Residence Permit

Confirmation of an invitation to volunteer for an Icelandic religious organization or the Evangelical Lutheran Church.

Criteria for an Iceland Special Ties Residence Permit

  • Employment
  • Application for a work permit
  • Report on ties, social and cultural ties.
  • Proof of sufficient support during the entire stay

Iceland’s legal and specific conditions for residence permits

  • The statement and documents confirm that the applicant needs a residence permit for a legitimate and particular purpose.
  • Application for a work permit.
  • Employment contract

Conditions for an Iceland Permanent Resident Visa

  • copies of recent tax returns verified, i.e., by the applicant’s deadlines.
  • Original status exam administered by a recognized party, written exemption request, written exemption certificate, or original certificate on an Icelandic language course stating that the applicant has finished at least 150 hours with 85% attendance.
  • Documents on Support, such as job contracts, income-tax payment summaries for the last 12 months, or other documents demonstrating secure support.

Processing of Iceland Resident Permit Applications

From the day an application is submitted, the Icelandic Directorate of Immigration can take up to 180 days to process it. Your residence permit renewal application will be processed more quickly in as few as 90 days.

Can my permit to live here be taken away? 

Several things can cause your residency permit to be revoked, most notably if:

  • You no longer meet the requirements for a temporary or permanent residence permit.
  • You have given wrong or misleading information in your application, and the information is vital to the granting of a permit.

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IMMIGRATIONS

Switzerland Student Visa – How to Apply

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You must apply for a Switzerland Student Visa if you want to study there but are a foreign national. The Swiss student visa is a type of national visa for Switzerland.

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Before applying for a student visa to Switzerland, there are a few requirements. You might not even need to apply for a visa in some circumstances. Everything is based on your nationality.

Here are some of the most frequently asked questions about student visas for Switzerland, in case you have already decided to pursue higher education there.

How can I obtain a student visa for Switzerland?

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1. Getting accepted into a Swiss University

Getting admitted into a Swiss academic institution is the first step in studying there.

You can apply for a student visa to Switzerland once you obtain your certificate of enrollment from the college or university you wish to attend.

2. Determine if a Swiss student visa is required

Most foreign people who wish to visit Switzerland and stay for an extended time must get a Swiss visa. Nevertheless, even though everyone needs a residency permit, citizens of a few nations are not required to apply for a long-stay Swiss visa. Which are:

  • Ireland
  • Brunei
  • Great Britain
  • Japan
  • New Zealand
  • San Marino
  • Singapore
  • Vatican City
  • Schengen countries
  • Andorra.

But even if someone is free from needing a long-stay visa to visit Switzerland, they must still apply for a residence permit regardless of their nationality if they plan to stay for more than three months.

3. Assembling the necessary paperwork

When applying for a Swiss student visa, you must fulfill the requirements and provide the necessary paperwork. You must send the original of each document and three copies translated into either English or one of Switzerland’s official languages (French, Italian, German, or Romansh).

The requirements for a Switzerland student visa

  • The standard mandatory requirements for every Swiss visa application
  • Completed and signed application forms in either German, French, Italian, Spanish or English.
  • A valid passport with two blank pages minimum.
  • Four current images. Both biometric and passport-size.
  • Application forms that have been filled out and signed in English, German, French, Italian, or Spanish.
  • Proof of sufficient funds
  • Confirmation you have paid the course fees for your first year
  • Certificate of enrollment at your school
  • Your study plan
  • Copies of previous educational certificates and diplomas.
  • Letter of motivation in one

4. Applying for a student visa to Switzerland

You submit an application for a student visa from Switzerland at the Swiss embassy in your nation. The process for applying for a student visa to Switzerland is much the same as applying for any other visa to Switzerland.

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The application procedure for a Swiss student visa is as follows:

  • Make an appointment with the Swiss embassy or consulate in your nation.
  • Download the application form, complete it, and sign it. (In some situations, the Swiss representative where you apply will have the application forms.)
  • Visit the Swiss embassy or consulate in person to submit the paperwork.
  • Pay the student visa fee for Switzerland.

The Swiss delegation in your country will send your application for a student visa to Switzerland to the appropriate cantonal migration office* after receiving it. The Swiss Consulate General will issue you the visa after the cantonal immigration authority has approved your application.

5. After you receive the Swiss Student Visa

You can enter Switzerland after receiving a student visa from Switzerland.

You must register your arrival at the local residents registration office within 14 days of arriving in Switzerland, and you must go to the cantonal migration office where you will be residing to acquire your residence permit. (The same is true for citizens of nations exempt from a Swiss long-stay visa.)

You can find the addresses, contact information, and websites of each canton’s migration offices here.

How long is the student visa for  Switzerland valid for?

The initial validity of a student visa for Switzerland, or more specifically, the B permit you are granted to be permitted to stay for your studies, is one year. However, you have the choice to extend it if your studies go over that time frame. If you want to extend your student visa in Switzerland, you must present updated documentation of your financial situation and income.

Additionally, you have the option to apply for a residency visa so that you can hunt for a career in Switzerland once you finish. This license can only be used for six months and cannot be renewed.

At the cantonal migration office in your neighborhood, you can apply for the six-month permit that allows you to look for job. You must offer evidence that you:

  • Have finished your course.
  • Can provide for yourself financially during your stay.
  • Have a place to live.

Can I work while on a student visa for Switzerland?

As a student, you are only permitted to work fifteen hours a week in part-time jobs. During the holidays, you can work a full-time job. Though your company must secure a work visa for you, you can only begin working after settling in Switzerland for six months.

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IMMIGRATIONS

Australian Partner Visas Application Process

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Australian Partner Visas are divided into Onshore and Offshore visas, which vary depending on whether you are inside or outside of Australia at the time of application. They are further separated into temporary and permanent visas depending on how long they are valid.

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Another type of Partner Visa, which does not fall into either category, is the Prospective Marriage Visa, which many also refer to as a fiance visa.

Australia Partner Visa Types

The various partner and spouse visas available in Australia are shown below:

  1. Visas for onshore partners:

Thanks to onshore partner visas, you can submit your visa application from inside Australia and wait for it to be completed there. You must submit applications for both of them simultaneously because there is a collaborative application process. However, you will get the 820 and have to hold off on applying for permanent residency for two years. There are two visa types:

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  • Onshore Permanent Partner Visa (Subclass 801), which is permanent. After two years with a subclass 820 visa, you h documents, and then you will receive the 801 tickets.
  • Onshore Temporary Partner Visa (Subclass 820), valid for about two years.
  1. Visas for offshore partners:

You can submit your application outside of Australia with the Offshore Partner Visas. As soon as your Visa is granted, you can stay with your partner while you wait to be qualified for permanent residency. The Subclass 309 and Subclass 100 Visa must be applied for simultaneously, but you won’t get the permanent Visa until two years have passed since you received the temporary one. Therefore, when you apply for and acquire your 309 visas, you must be outside of Australia, but when you receive your permanent Visa, you may be inside or outside of Australia. Two offshore partner visas are available:

  • Provisional Offshore Partner Visa (Subclass 309): This is a temporary two-year visa.
  • Offshore Migrant Partner Visa (Subclass100): This is the permanent Visa you will receive after the temporary one expires.
  1. Future Marriage Visa

You can get a Future Marriage Visa if you are engaged to an Australian citizen or resident and wish to marry them in Australia. With this Visa, you can stay there for 9 to 15 months, but you’ll need to wed your fiancé during that time.

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What Distinguishes Temporary and Permanent Visas

Even when you simultaneously apply for the Temporary Partner Visa (Subclass 820/309) and the Permanent Partner Visa (Subclass 801/100), you do not get both. The temporary Visa must have been granted two years before applying for the permanent one. You and your partner will be residing in Australia at this time.

The Department of Home Affairs will inform you that they have begun processing your application for permanent residency two years after you acquire the Temporary Visa and that you must submit a few additional papers.

You do not need to pay anything for a Permanent Visa because you will already have paid the visa application fee when you submit the joint application.

The Australian Immigration Authorities want to be sure that you genuinely have ties to Australia before allowing you to live there permanently, which is why you do not get a permanent visa immediately.

General Requirements for a Partner Visa in Australia

You and your partner must fulfill the following requirements to be eligible for an Australian Partner Visa:

  • Your partner has to be an Australian citizen, a permanent resident, or an eligible New Zealand citizen.
  • You have to be in a sincere, committed relationship.
  • You must be an adult (over 18 years old).
  • You must be able to demonstrate the sincerity of your bond.
  • You had to have been dating for at least a year at the time of application.

How Can I Show a Relationship Is Sincere?

The Australian visa officials will want you to provide certain documents as proof of your relationship. This can include utility bills addressed to both of you to demonstrate that you share household responsibilities, a joint bank account to demonstrate that you share finances, phone records to demonstrate that you communicate over the phone even when you are not together, photos of the two of you together and with other people to demonstrate that you have spent time together and that others are aware of your relationship, etc.

Before you can be granted a permanent visa, two persons familiar with you and your partner must fill out a form that assures them that you are actually a pair.

Sponsorship Requirements

Your Australian partner must also fulfill several requirements to sponsor you:

  • If your partner has sponsored another partner during the last five years, they are ineligible to sponsor you.
  • Your partner cannot sponsor you if they recently acquired their Permanent Partner Visa through sponsorship. After five years since they acquired their Visa, they must wait.
  • Throughout their lifetime, their spouse is limited to two other partners. Therefore, they cannot sponsor you if they have already sponsored two other persons.

Can You Get Married and Get Citizenship in Australia?

Yes, it will take a few years. However, you can also become an Australian citizen if you marry an Australian citizen or resident.

  • He/she is not spent more than 90 days outside of Australia in the 12 months before the application.
  • He/she must have basic knowledge of the English language, Australian culture, society, and way of life.
  • He/she must not have been outside Australia for longer than 12 months in the four years before the application.

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