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What is an EB1 Visa

The EB1 visa is a first-preference immigrant visa for priority workers such as extraordinary ability holders, outstanding professors, researchers, and multinational executives. It provides a direct path to permanent residency for those with national or international acclaim. Candidates must demonstrate expertise through major awards or critical roles in reputable international companies. This visa category skips the labor certification, accelerating the green card process with options for premium processing. Ideal for top-tier professionals in employment-based immigration, it facilitates permanent U.S. residency efficiently.

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Visa Requirements

1. Extraordinary Ability (EB-1A)

Applicants must demonstrate extraordinary abilities in the fields of science, arts, education, business, or athletics through sustained national or international acclaim. Evidence can include an internationally recognized award such as the Nobel Prize, significant contributions to the field that demand outstanding achievement, membership in distinguished organizations, and published material in major trade publications. No job offer is required, allowing individuals to self-petition.

2. Outstanding Professors and Researchers (EB-1B)

This category is for recognized professors and researchers who are internationally acclaimed in their academic fields. Applicants are required to have a minimum of three years of teaching or research experience and must be coming to the U.S. to take on a tenure, tenure-track teaching, or similar research role at a university or comparable higher education institution. A job offer is essential, and the employer must provide a strong petition along with evidence of the professor’s outstanding achievements.

3. Multinational Manager or Executive (EB-1C)

This subcategory applies to executives and managers of multinational companies who have been employed in managerial or executive capacities for at least one year in the three years preceding the application. The applicant must be coming to the U.S. to continue working for the same employer or its subsidiary or affiliate. A job offer from a reputable international company is necessary, and the role in the U.S. must also be in an executive or critical managerial capacity.

 

*For all categories, premium processing is available, which can expedite the review of the petition, reducing the wait time significantly. However, the EB1 does not require a PERM labor certification, which simplifies and speeds up the application process.

*Applicants must provide essential documentation, such as evidence of exceptional ability and international acclaim, to support their petition. Hiring an experienced immigration lawyer can ensure the application is correctly handled, increasing the likelihood of success.

Visa Application Process

The application process for an EB-1 green card, a preferred route for priority workers with extraordinary abilities, outstanding professors, or multinational executives, is streamlined compared to other green card processes. Here’s a step-by-step overview:

Determine Eligibility

Applicants must fall into one of three subcategories: Extraordinary Ability, Outstanding Professor or Researcher, or Multinational Executive or Manager. Eligibility requires demonstrating international acclaim, such as significant awards, published material in major trade publications, or a leading role in a reputable international company.

Petition Filing (Form I-140)

The application process begins with the filing of Form I-140, Immigrant Petition for Alien Worker. This form must be accompanied by substantial evidence of the applicant's qualifications, including documentation of extraordinary abilities, recognition by distinguished organizations, or proof of a managerial or executive capacity in a multinational business.

Job Offer and Employer Sponsorship (if applicable)

For the Outstanding Professor or Researcher, and Multinational Executive or Manager categories, a permanent job offer and employer sponsorship are necessary. The employer must file the petition on behalf of the applicant, providing evidence of the job offer and the critical role the applicant will play.

Premium Processing (Optional)

Applicants can opt for premium processing by paying an additional fee, which expedites the review of Form I-140 to within 15 calendar days, enhancing the speed of the entire process.

Adjustment of Status or Consular Processing

Once the I-140 is approved and the priority date becomes current, making a visa number available, applicants can either adjust their status to a permanent resident if they are already in the U.S. (via Form I-485) or undergo consular processing abroad.

Final Steps

After approval of the adjustment of status or conclusion of consular processing, the applicant receives their EB-1 green card, granting them permanent residency in the U.S. This enables them to engage in employment based on the terms outlined in their petition.

Why ILG and How We Help

It can be difficult to navigate immigration rules, particularly when it comes to EB1 visas. Here’s why it’s so important to work with an EB1 Visa attorney with experience:

In-depth Knowledge of Immigration Law

An expert EB1 Visa lawyer focuses on immigration law, so they have a thorough awareness of all the legal complexities that are involved in the application process. This knowledge is crucial for creating a strong application that satisfies all specifications. As immigration lawyers in DC, we have at least twenty years of expertise and are well-versed in immigration law.

Customised Immigration Solutions for Your Particular Case

Since each EB1 Visa case is different, a customised strategy is needed. Whether you’re looking to apply for permanent residency, relocate staff, or open a new office, an expert immigration lawyer evaluates your unique situation. The probab ility of success is raised by this customised strategy.

Exceptional Performance History

Attorney Glen Wasserstein has been interviewed by Fox News, NBC, and the BBC. He regularly appears on national television discussing immigration-related issues. A successful attorney with experience handling EB1 visa cases exhibits their ability to handle the complexities of the immigration system. This track record of success gives clients looking for trustworthy immigration solutions confidence.

Visa Documents

Essential paperwork to streamline your EB-1 visa process for permanent residency.

For Extraordinary Ability (EB-1A)

An experienced L-1 Visa attorney specializes in immigration law, ensuring a comprehensive understanding of the intricate legal nuances involved in the entire application process. This expertise is invaluable in crafting a robust application that meets all requirements. We are a DC Immigration Law firm with at least 20 years of experience in immigration law, knowing them inside and out.

Tailored Immigration Solutions for Your Unique Situation

Every L-1 Visa case is unique, requiring a personalized approach. An experienced immigration attorney assesses your specific circumstances, whether you’re establishing a new office, transferring employees, or seeking permanent residency. This tailored approach increases the likelihood of success.

Extensive Success Track Record

Glen Wasserstein is a Lawyer who has been interviewed by NBC, BBC and Fox News, frequently appearing on National Television on immigration matters. An experienced L-1 Visa attorney with a track record of success demonstrates their ability to navigate the complexities of the immigration landscape. This history of achievement instils confidence in clients seeking reliable immigration solutions.

Visa Documents

Essential paperwork to streamline your EB-1 visa process for permanent residency.

For Extraordinary Ability (EB-1A)

  • Proof of Extraordinary Ability:

    • Evidence of receipt of major internationally recognized awards, such as a Nobel Prize.

    • Documentation of membership in associations requiring outstanding achievements.

    • Published material about you in major trade publications or other major media.

    • Evidence of your participation on a panel, or individually, as a judge of the work of others in the same or an allied field.

    • Proof of your significant original contributions in science, academia, art, sports, or business to your field.

  • General Documentation:

    • A complete Form I-140, Petition for Alien Worker.

    • A copy of your passport with a valid nonimmigrant visa (if applicable).

    • Two passport-style photos.

    • If in the U.S., Form I-485 for adjustment of status; if abroad, consular processing materials.

    • Fee receipts for processing and premium processing (if opted).

For Outstanding Professors and Researchers (EB-1B), and Multinational Executives and Managers (EB-1C)

  • Job Offer and Employer Documentation:

    • A permanent job offer letter from a U.S. employer.

    • Proof of the employer’s ability to pay the offered wage.

    • Documentation proving the employer is a reputable international company.

  • Qualifications and Role:

    • Evidence of at least three years of teaching or research experience for professors and researchers.

    • Documentation of the managerial or executive role held abroad for at least one year in the past three years, for multinational managers or executives.

    • Organizational structure evidence to confirm the executive or managerial capacity.

Visa Processing Time and Validity

The processing time for an EB-1 visa can vary significantly depending on the specific subcategory and individual circumstances. Generally, the Form I-140 petition can be processed within 6 months under regular processing. For those who opt for premium processing, the I-140 review period is shortened to 15 calendar days, significantly speeding up the overall timeline.

Once the I-140 is approved, the wait for an immigrant visa number is typically immediate for EB-1 applicants, as this category usually does not experience visa backlogs. However, additional time should be accounted for consular processing or adjustment of status, which can take several months.

The EB-1 Visa remains valid for a decade. You can perpetually renew your EB1 Green Card to preserve your status as a lawful permanent resident.

Client Reviews

What an amazing team to work with. SO grateful for Jen, Catherine and the whole team, who worked so hard and were so patient with us through this whole process of obtaining our green cards. They are truly experts and can be trusted without a doubt to help you with your immigration needs! Utmost professionals and a pleasure to work with.

Sarah C.

Immigration Law Group has a wonderful team of lawyers. They handled my h1b and permanent residence paperwork in a way that really made me feel comfortable and brought me peace through a very stressful time. they are on top of things and always answered my questions in a timely manner. I highly recommend them if you want to make sure everything goes perfectly.

Kiran M.

Everyone at Immigration Law Group, from the attorneys to support staff, have been nothing but helpful, well-informed, and courteous to me from the start until now. Jen, and Catherine in particular, have been super helpful in explaining complicated procedures and processes in easy to understand ways–yet not dumbing down to the level where they are leaving out important details. I feel confident and knowledgeable with ILG working on my case, and there’s a personal level of communication and trust, which also puts me at ease during a difficult and tricky process. I highly recommend Immigration Law Group–I’m so glad I found them!

Andrew O.

We are very satisfied with the Immigration Law Group and the services they had provided us so far. They have very capable staff that is always on top of our cases and help us navigate them successfully. We have had great success with all cases and their rates are very reasonable. They know Immigration law better than any other law firm we worked with. I would recommend them without hesitation!

Alina T.

EB1 Visa FAQs

The EB-1 visa is designated for individuals who demonstrate extraordinary ability in their field (science, arts, education, business, or athletics), are an outstanding professor or researcher, or are a multinational executive or manager. Applicants must show extensive documentation to prove their status, such as internationally recognized awards, published scholarly articles, or evidence of a leading or critical role in a prestigious organization. These qualifications must clearly indicate the individual’s high level of achievement and recognition on a national or international scale.

 

Processing times for EB-1 visa applications can vary. Typically, the I-140 petition can take about 6 months under standard processing. However, applicants can opt for premium processing, which reduces the review period to approximately 15 calendar days. The total processing time also depends on whether the applicant is adjusting status or undergoing consular processing and their country’s visa backlog. There is usually no wait for an immigrant visa number under the EB-1 category, which is considered a significant advantage.

Spouses and unmarried children under 21 of EB-1 visa holders can apply for a green card as dependents. This allows families to obtain permanent residency and live in the United States, provided the primary applicant maintains their EB-1 status. Dependents must file their applications either concurrently with the main applicant or after the primary EB-1 application has been approved.

A job offer is required for EB-1B (Outstanding Professors and Researchers) and EB-1C (Multinational Managers or Executives) categories. However, individuals applying under the EB-1A category (Extraordinary Ability) do not need a job offer. They can self-petition, which allows them to apply on the basis of their exceptional abilities without the need for employer sponsorship, offering greater flexibility for highly qualified foreign nationals.

If an EB-1 visa application is denied, the applicant can file an appeal or a motion to reopen or reconsider the case, depending on the grounds for denial. Consulting with a good lawyer experienced in immigration law is crucial to understand the best course of action. Legal experts can provide valuable guidance on how to address the issues raised by USCIS and assist in gathering additional evidence that may be necessary to overturn the denial.

We’re ILG, your Immigration Specialists

We Believe in Immigration. We ensure that all our clients get the best chance to a new life in the United States.