Everything you need to know about US immigration

Immigration generally means a time-consuming and lengthy process, and sometimes it means walking through a labyrinth of paperwork. This is why the business of immigration agencies continues to thrive in Bangladesh.

Recently, Dilli Raj Bhatta, an immigration lawyer and founder of Bhatta Law and Associates in New York, shared advice for Bangladeshi immigrants with The Business Standard. The seasoned lawyer broke down some of the immigration policies in place and different visa categories.

How would Bangladeshi immigrants benefit from Biden's new spouse policy? (Under the sweeping new immigration plan, undocumented spouses of US citizens who have been living in the US can request lawful permanent residence while staying in the country.)

On 18 June 2024, the Biden administration signed an executive order. As the White House mentioned in the official fact sheet: "In order to be eligible, noncitizens must – as of 17 June 2024 – have resided in the United States for 10 or more years and be legally married to a US citizen, while satisfying all applicable legal requirements."

While working with many Bangladeshi individuals and professionals, we noticed that some of the applicants had not saved their documents, achievements and records to prove their success and work. As a result, presenting their achievements can sometimes be challenging and time-consuming.

Bangladeshi immigrants who fall into this category can benefit from this policy, provided they meet the residency requirements. Likewise, DACA (Deferred Action for Childhood Arrivals) applicants should be able to obtain a work visa/sponsorship –who have earned a degree at an accredited US institution of higher education in the US, and who have received an offer of employment from a US employer in a field related to their degree.

What is your suggestion for Bangladeshis to avail benefits of the new policy?

If you have been living in the US for more than 10 years and are married to a US citizen spouse, you should consult with an attorney to check your eligibility. If you meet the requirements, then you will be eligible for a green card.

Can you tell us how your Bangladeshi clients contact you?

Bhatta Law and Associates has been successfully managing and processing Employment-Based (EB) and business immigration cases for a long time. Individuals and companies from Bangladesh contact us through emails and phones. 

We have been working with our Bangladeshi clients for many years, helping them migrate to the US with their families or expand their businesses here. We have helped thousands of clients from Bangladesh.

While some clients meet us in person, most communicate via emails and phone calls. They do not have to be in the US to advance their immigration applications.

What options do Bangladeshi applicants have to immigrate without a job offer?

There are several ways to legally migrate to the US, which vary based on the individual's situation, abilities, skills, plans, qualifications, etc. The EB-1A and EB-2 National Interest Waiver (NIW) allow people to migrate to the US without the Department of Labor's pre-approval. They are called self-petitions.

Can you briefly explain the differences between the EB1A, EB2 and EB3 immigration categories?

A person can be eligible for EB-1A, EB-1B, EB-1C, EB-2 or EB-3, and they can file multiple applications simultaneously as long as the requirements are met. However, after reviewing their resumes/files, we usually suggest that our clients choose the most applicable category with the best chances of approval.

All these EB categories provide permanent residency to foreigners in the US along with their spouses and children under 21 years old.

The EB-1 is the highest category green card and requires an extraordinary level of achievement. You do not need an employer for EB-1 and EB-2 NIW applications, but EB-2 and EB-3 applications must be filed by your employer after obtaining Labor Certifications from the Department of Labor.

You do not have to be in the US to file a petition; your process can start while you are in Bangladesh.

How long does it typically take to process applications in each of these categories?

Each category has a different processing time, which is updated periodically.

For the EB1A category, you can receive a decision within 15 business days if you apply under the premium processing service. In contrast, processing for the EB2 category can take at least 15-19 months.

The processing time for EB2 frequently changes depending on factors such as the Department of Labor's Prevailing Wage Determination, Program Electronic Review Management (PERM), and the I-140 stage, which involves petitioning with the United States Citizenship and Immigration Service (USCIS) for an immigrant visa.

What kind of achievements or qualifications are required to meet the "extraordinary ability" standard for the EB1A category?

This type of green card is open to all nationalities.

Applicants for EB-1A visas must demonstrate that they have achieved extraordinary success and expertise, and have sustained national or international acclaim. The EB-1A green card is available to highly accomplished individuals in the fields of science, education, arts, business and athletics.

Each year, thousands of applicants from across the world receive EB-1A green cards and migrate with their families. These successful applicants include athletes and coaches, umpires and referees, scientists, researchers, academics, journalists, publishers, authors and artists such as singers, dancers, painters, producers, directors, actors, photographers, cameramen, music composers and writers.

Businesspeople, entrepreneurs and leaders such as CEOs and founders, along with many others in various professions and fields, also qualify for this prestigious visa.

You and your family may be eligible for an EB-1A green card if you have risen to the highest level of success in your country in any field or genre. If you apply under premium processing, you can receive a decision within 15 business days. To be successful, you must meet at least three out of the 10 applicable criteria in your field.

These criteria include recognised prizes or awards for excellence, membership in associations in the field that demand outstanding achievements of their members, and published materials about you and your work in professional or major trade publications or other major media.

Additionally, participation as a judge or a member of a jury panel in the same or a related field, original scientific, scholarly, artistic, athletic or business-related contributions of major significance to the field, and authorship of scholarly articles in professional or major trade publications or other major media are considered.

Other criteria include the display of work at artistic exhibitions or showcases, a leading or critical role in distinguished organisations, a high salary or other significantly high remuneration compared to others in the field, and commercial successes in the performing arts.

Meeting these criteria demonstrates that you are among the top professionals in your field, in any country, making you eligible for the EB-1A green card.

What types of evidence or documentation should applicants provide to support their EB1A application?

Each candidate is different and each profession is unique, so what is applicable for one may not be the case for others. That being said, some examples of evidence include (but are not limited to) certificates of achievement, official letters recognising contributions, photos and publication details (name, date, weblink, citations).

At times, recommending letters from experts immensely helps to prove your ability and success. Likewise, government and publicly available documents, reports, tax returns, business profiles, media reports, books and so on can demonstrate your extraordinary accomplishments.

Although an EB-1A petition doesn't require a labour certificate or a US-based sponsor, USCIS looks for evidence that a successful petitioner will work in their area of expertise once in the US.

In your experience, what are the kinds of challenges Bangladeshi immigration applicants often face?

While working with many Bangladeshi individuals and professionals, we noticed that some of the applicants had not saved their documents, achievements and records to prove their success and work. As a result, presenting their achievements can sometimes be challenging and time-consuming.