Alexandria,VA. EB-1 Green Card Lawyer!

Who Qualifies for the EB-1 Visa?

The EB-1 visa is divided into 3 distinct subcategories. Each has their own eligibility requirements.

EB-1 visas can be issued to:

Unlike some other employment-based visa options, including the popular H-1B visa, the EB-1 visa does not require a PERM Labor Certification. This means that applicants will be able to skip the expensive and protracted process of proving that the job could not be filled by a U.S. worker.

The “extraordinary ability” subcategory is especially unique in that it does not require a permanent offer of employment. Applicants do not have to file with a sponsoring employer: Their abilities and accomplishments alone can qualify them for the EB-1 visa. Those applying as outstanding professors or researchers or multinational executives and managers do require a permanent offer of employment and will need their sponsoring employer to apply on their behalf.

What Evidence Do You Need for the EB-1 Visa?

In addition to filing the appropriate application files with USCIS, applicants will also need to provide supporting evidence that demonstrates their eligibility for one of the EB-1 visa’s subcategories. The types of evidence that must be included will depend on which subcategory they are pursuing.

Individuals with extraordinary abilities will need to prove that they are acclaimed in their field. This can involve offering evidence that one has received an internationally recognized award. In the absence of such an award, the applicant will need to provide alternate forms of documentation, such as appearances in prominent trade publications, memberships in prestigious trade organizations, or records of commercial success.

Outstanding professors and researchers will need a permanent offer of employment from a qualifying United States university or a comparable institution. An applicant will also need to demonstrate that they have been teaching or engaged in professional research for a minimum of 3 years. Finally, applicants must provide some documentation of their internationally recognized achievements.

Multinational executives and managers will also need a permanent offer of employment from a qualifying multinational employer. The employing company must have a legitimate relationship with the foreign company that is facilitating the executive or manager transfer. The U.S.-based company must have existed for at least 1 year and conduct business with at least one other country. The applicant must prove that their job responsibilities are consistent with that of a manager or executive. This generally means that they must demonstrate that they have significant decision-making authority.

It can sometimes be challenging to determine whether you qualify for the EB-1 visa. Our Washington D.C. EB-1 green card attorney can help assess your eligibility and assist you in preparing the necessary documentation.

How Does the EB-1 Application Process Work?

Once you submit the relevant forms and documentation to USCIS, you will need to wait for the agency to review and process your application. Wait times can vary depending on the caseload and the complexity of your case. You may also receive Requests for Evidence (RFE), which must be promptly responded to with additional documentation. Receiving an RFE can further delay the timeline.

Barring any delays, USCIS will process most EB-1 applications in about 6 months. Expedited processing is available for individuals with extraordinary abilities and outstanding professors or researchers for an additional fee.

If your EB-1 application is approved, you will need to wait for a visa to become available. For many EB-1 applicants, a visa will be immediately available, and no additional wait will be necessary. EB-1 visas are the first preference category and receive priority over other categories. However, applicants from certain countries with high immigration volumes may be subject to annual caps.

Once your EB-1 visa is available, you will need to adjust your status or go through consular processing. If you are currently in the country with a nonimmigrant status, you will need to adjust your status. This process takes about 6 additional months. If you are outside of the country or lack a nonimmigrant status, you will need to make an appointment with your home country’s U.S. embassy or consulate. They will facilitate consular processing, which includes an in-person interview to determine whether your situation warrants an EB-1 green card. Consular processing can often be faster than adjusting your status.

Our Washington D.C. EB-1 green card lawyer at Law Group International can serve as your advocate throughout the application process. We are familiar with how to respond to Requests for Evidence and can represent you in all communications with USCIS. We can evaluate your situation and accomplishments and help gather and prepare the evidence that you will need to secure your visa.

Contact us online or call 703-549-5445 to speak to a member of our team about your immigration options. We offer our legal services in English, Farsi, and Spanish.