EB-1 Employment Based Visa

An EB-1 Visa is an employment visa that leads to a Green Card and permanent residence in the United States. You can obtain an EB-1 Visa based on the following:

Why an EB-1 Visa Lawyer

  • Preparation and submission of an extensive application packet, including forms, testimony letters, expert letters, and more depending on the Applicant’s qualifications.
  • Detailed attorney cover letter outlining the legal requirements, the Applicant’s Background, and how the applicant meets all the requirements using their qualifications.
  • Strategic advice from beginning to end on how to meet the requirements and attorney provides assistance and oversees every single piece of evidence.

EB-1A Extraordinary Ability

This is for those who have extraordinary ability in their field, within the categories of the sciences, arts, education, business or athletics, through sustained national or international acclaim. This a self-petition and does not require an offer of employment. Contact us to do an assessment of your eligibility.

Requirements for EB-1A Visa Application

The EB-1A “Extraordinary Ability” Visa is a self-petition visa for foreign nationals with extraordinary ability in their field. It is for qualified individuals who have significant achievements that have been publicly recognized, and resulted in a period of sustained national or international acclaim through their working career. You must meet the following requirements:

  • You must have extraordinary ability in one of the following fields:
    Sciences; Arts; Education; Business; Athletics
  • You must be the recipient of a major international award and/or meet at least 3 of the 10 listed regulatory requirements that define “extraordinary ability”.
  • You must have extensive documentation of your international and/or national achievements through awards, prizes, etc. as proof that you have established yourself as one of the top individuals in your respective field.
  • You must have and be able to clearly articulate, with supporting documentation, your intent to come to the U.S. to continue work in the same or similar field for which you are claiming extraordinary ability.
  • You or your work will benefit the United States.

Benefits of EB-1A Visa

  • Do not need an employer for an EB-1 Visa;
  • Can get a Green Card or Permanent Residence in the U.S.;
  • Can do concurrent filing and apply for the visa and Green Card application at the same time if already in the U.S.;
  • Can get an expedited decision on the visa by using premium processing; and
  • Can also get Green Cards for dependents (spouse and children under 21).

EB-1B Outstanding Professors and Researchers

This is for those who have earned international recognition for outstanding performance in their academic field, have at least three years of experience teaching or doing research in the same field, and want to come to the U.S. to pursue a tenure track teaching position or research position at an academic institution. Contact us to do an assessment of your eligibility.

Requirements for EB-1B Visa Application

The EB-1B “Outstanding Professor or Researcher” Visa is a sponsor-type visa for academic professors or researchers of outstanding achievements. You must meet the following requirements:

  • You must fulfill two of the six criteria that the USCIS defines as “outstanding achievements”;
  • You must have three or more years of working experience as a professor or academic researcher in the same field.
  • You must have a tenure, tenure-track, or comparable research position employment offer from a U.S. academic institution.

Benefits of EB-1A Visa

  • Do not need an employer for an EB-1 Visa;
  • Can get a Green Card or Permanent Residence in the U.S.;
  • Can do concurrent filing and apply for the visa and Green Card application at the same time if already in the U.S.;
  • Can get an expedited decision on the visa by using premium processing; and
  • Can also get Green Cards for dependents (spouse and children under 21).

EB-1C Multinational Executives and Managers

This is for those employed by a company to do work in their country, in a managerial or executive capacity, for at least one of the preceding 3 years, and they want to enter the U.S. to continue working for this employer. The petitioning employer has to be an U.S. employer and have been doing business for at least one year at the time of filing the application.

Requirements for EB-1C Visa Application

The EB-1C “Multinational Manager or Executive” Visa is a sponsor-type visa for top level multinational executives or managers of international companies, who are transferring to their employer’s U.S. office or their current employer’s affiliate in the U.S. You must meet the following requirements:

  • You must be sponsored by your current employer to file the petition.
  • You must have been employed by the employer or their affiliate for at least one (1) of the three (3) years prior to the filing of the petition.
  • You must continue to be employed in a managerial or executive position in the U.S. branch or office of the same employer.

Benefits of EB-1C Visa

  • Do not need an employer for an EB-1 Visa;
  • Can get a Green Card or Permanent Residence in the U.S.;
  • Can do concurrent filing and apply for the visa and Green Card application at the same time if already in the U.S.;
  • Can get an expedited decision on the visa by using premium processing; and
  • Can also get Green Cards for dependents (spouse and children under 21).

FREQUENTLY ASKED QUESTIONS

You must demonstrate sustained national or international acclaim and that your achievements have been recognized in your field of expertise. This is most clearly demonstrated if you have won a major internationally recognized prize such as the Nobel Peace prize, an Olympic medal, sports trophy or championship title, a Golden Globe, Oscar, Emmy, or Tony Awards, etc.  If you have not won such major and well recognized prizes or awards, you can establish that you have achieved substantial national or international recognition through satisfying a minimum of three (3) of the following (10) listed criteria:

  • 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; or
  • Evidence of your commercial successes in the performing arts.

If the above standards do not readily apply to your occupation or field, you may submit comparable evidence to establish your eligibility.

Contact us to do an assessment of your eligibility for an EB-1 Extraordinary Ability visa.

No. The best part about an EB-1 Extraordinary Ability Visa is that it is a self-petition and do not need an offer of employment or an employer to petition.

It takes several months to a year to get a decision on an Immigrant Petition for an EB-1 Visa if you do regular visa processing. However, you have the option to do premium processing with EB-1 Visas, where for an additional fee of $2,500, you will get a decision in 15 days.

Contact us to do an assessment of your qualifications for an EB-1 Visa.

You must demonstrate that you have earned international recognition for outstanding performance in your academic field. You can establish that you have “outstanding achievements” by satisfying a minimum of two (2) out of the following six (6) criteria:

  • 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; or
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

Contact us to do an assessment of your qualifications to determine your eligibility.

Yes. You will need an offer of employment and an employer who is willing to petition on your behalf.

You must have a tenure, tenure-track, or comparable research position employment offer by a U.S. academic institution.

Contact us to learn more about the employment requirements.

An EB-1B Visa is an employee-sponsored visa and EB-1A is a self-petition visa.  The EB-1B petition must be accompanied by a tenure or tenure-track U.S. job offer in academia and the employer will file the petition on the applicant’s behalf.  The EB-1A does not require an employer or offer of employment.

The required criteria for an EB-1B are somewhat less demanding than that required of EB-1A Visa applicants.  EB-1A Visa applicants must demonstrate achievements through an internationally recognized award such as the Nobel Peace Prize or have substantial documentation of public recognition of their extraordinary ability by showing they meet three (3) of the ten (10) benchmarks that otherwise determine extraordinary ability.  In contrast, EB-1B Visa applicants only need to show they have received international recognition in their specific academic field by meeting two (2) out of the six (6) stated criteria.

EB-1B Visa is more flexible. Applicants can use the experience gained during their education toward the required criteria.  Applicants who taught courses while still enrolled as doctorate students or similar status can count this experience toward the mandatory three year work experience criteria.  However, they must be able to prove that they had complete discretion over the courses they lectured.  Academia researchers may also count their research experience gained as part of their education toward meeting the specified criteria including the three year qualification and/or proving their research work is outstanding.

Both EB-1A and EB-1B require significant qualifications and documentation, the EB-1B Visa has a narrower focus and more flexibility in the criteria.

It is more efficient and a faster process if you consult with an immigration attorney to analyze your case for the best visa option that fits your background, individual circumstances, and personal preferences before you proceed. This will save you a substantial amount of time and additional fees that could be avoided with a thorough analysis of your best option.

Contact us to do an assessment of your eligibility for EB-1A and EB-1B visas.

The employer must:

Be a U.S. employer with a qualifying relationship with a foreign company, such as a parent company, branch, subsidiary, or affiliate.

Operate in the U.S. and in at least one other country, either directly or through a qualifying entity, in the regular, systematic, and continuous provision of goods or services.

Have been conducting business in the U.S. for at least one year prior to filing.

Size of Company – There is no specific requirement about the size of the petitioning company or its gross business volume. However, USCIS regulations require that the employer be conducting business in two or more countries, one of which is the United States, either directly or through affiliates or subsidiaries.

When Overseas Company was Acquired by a U.S. Company/One Year Conducting Business in the U.S.

There is no requirement that a qualifying relationship exist between the U.S. and foreign entity for a period of one year prior to the filing of the EB1-C petition. The regulations only require that the U.S. entity must have been doing business for at least one year. As a result, a U.S. entity that has been acquired by a foreign corporation may immediately file a first preference petition on behalf of a manager or executive who worked for the foreign entity in a qualifying capacity for the requisite period of time.

Alternative to the EB-5 Visa for Foreign Investors

The EB-1C Visa permits an owner of a business enterprise to immigrate to the United States so long as he/she would otherwise satisfy the substantive eligibility requirements. In a situation where the prospective employee was also an owner of the business that would hire him/her, the USCIS will scrutinize the petition very closely. This category represents an important alternative to the EB-5 visa. Proper planning by a qualified investor can result in obtaining a permanent residency visa without investing substantial money in a new enterprise.

Employee’s “One Out of Three Year Prior to Filing” Working Requirement

USCIS permits the foreign person to have worked for one year out of the preceding three years for the employer abroad. The employee can aggregate employment time during the preceding three-year period in order to attain the one-year requirement.

You may qualify as a “Manager” if you can demonstrate that you personally:

  • Manage a corporation, department, subdivision, or function;
  • Supervise and control the work of other supervisory, professional, or managerial employees, or else manage essential functions;
  • Have the authority to make personal decisions as to hiring and termination, or else function at a senior level; or
  • Exercise discretion over the day to day operations of the activity or function for which you have authority.

Usually, first-line supervisors are excluded from the statutory definition of a manager unless the employees that are supervised are professionals. The staffing levels of the company will be considered in relation to the reasonable needs of the business and its stage of development.

You may qualify as an “Executive” if you can demonstrate that you primarily:

  • Direct the management of an organization, major component, or function;
  • Have the authority to establish goals and policies;
  • You have wide latitude and discretionary decision-making authority; or
  • You receive only general supervision from higher executives, board of directors, or stockholders.

The definition also includes executives who perform tasks necessary to produce the product or provide the service offered by the organization if the executive is also a professional, such as an engineer or architect.

You do not need to have a previous L-1 Visa or be on L-1 Visa status to file for an EB-1C.  The EB-1C Visa is a good option for employees currently already on the L-1 visa, who seek permanent residence, and it can contribute to a stronger EB-1C Visa petition.

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