ContractsCounsel Logo

Apply for EB1 Visa

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 5,780 reviews

Jump to Section

Need help with an EB1 Visa?

Post Project Now

Post Your Project (It's Free)

Get Bids to Compare

 Hire Your Lawyer

When you apply for an EB1 visa, your eligibility within a specific category must be demonstrated and supported by substantial evidence. The EB1 visa is an employment-based visa for foreign nationals who possess extraordinary abilities in certain fields, are outstanding professors or researchers, or are multinational executives or managers.

EB1 Visa Application Process

  1. Determine Eligibility. The first step is determining if you are eligible for an EB-1 visa based on your qualifications as an extraordinary ability individual, outstanding professor or researcher, or multinational executive or manager.
  2. Obtain a Job Offer. You must have a job offer from a U.S. employer willing to sponsor your EB-1 visa application.
  3. File Form I-140. The employer must file Form I-140, Immigrant Petition for Alien Worker, with the USCIS, along with the required supporting documentation to prove your eligibility.
  4. Obtain Labor Certification. If required, the employer must obtain a labor certification from the Department of Labor.
  5. Attend an Interview. If you are outside the U.S., you must attend an interview at a U.S. embassy or consulate abroad.
  6. Adjustment of Status or Consular Processing. If you are already in the U.S. in valid nonimmigrant status, you may be able to adjust your status to that of a permanent resident. If you are outside the U.S., you must go through consular processing to obtain your visa.

It is important to work with an experienced immigration attorney to ensure that your application is properly prepared and presented. They can guide you through the application process, help you gather the necessary documentation, and increase your chances of a successful outcome.

Eligibility for EB1 Visa

  • Extraordinary Ability

    You must have extraordinary ability in sciences, arts, education, business, or athletics, demonstrated through sustained national or international acclaim. You must provide evidence of your achievements, such as awards, publications, and media recognition.

  • Outstanding Professors or Researchers

    You must be recognized internationally as outstanding in a particular academic field, with at least three years of experience in teaching or research in that field. You must have a job offer from a U.S. employer for a tenured or tenure-track, or comparable research position.

  • Multinational Managers or Executives

    You must have been employed in a managerial or executive position for at least one of the three preceding years by a foreign company with a qualifying relationship with the U.S. employer. You must come to the U.S. to work in a managerial or executive position for the same company, subsidiary, or affiliate.

In addition to meeting the above criteria, you must also show that you intend to work in the same field in the U.S. and that your employment will benefit the U.S. economy, cultural or educational interests, or the nation's welfare.

Meet some lawyers on our platform

Michael C.

1 project on CC
View Profile

Michael M.

344 projects on CC
View Profile

Donya G.

81 projects on CC
View Profile

Domonick G.

6 projects on CC
View Profile

Tips for a Successful EB1 Visa Application

  • Start Early

    The EB-1 visa application process can be lengthy, so starting as early as possible is important to give yourself enough time to gather all the necessary documentation and meet all the requirements.

  • Work with an Experienced Immigration Attorney

    An experienced immigration attorney can guide you through the application process, help you gather the necessary documentation, and increase your chances of a successful outcome.

  • Provide Strong Evidence

    The success of your EB-1 visa application will depend largely on the strength of your evidence. Provide as much documentation as possible to support your claims, including awards, publications, media recognition, and other evidence of your achievements in your field.

  • Be Organized

    Keep all your documentation organized and ensure you have everything you need before submitting your application.

  • Be Honest

    Provide accurate and truthful information in your application. Any misrepresentations or omissions can result in your application being denied or even lead to future immigration problems.

  • Follow Instructions Carefully

    Make sure you read and follow all the instructions carefully. Failure to follow instructions can result in delays or even the rejection of your application.

  • Prepare for the Interview

    If you must attend an interview, make sure you are well-prepared. Practice your responses to potential questions, and make sure you have all the necessary documentation.

Key Terms for EB1 Visas

  • Extraordinary Ability: This term refers to the high level of achievement that an individual must demonstrate in their field of expertise to qualify for the EB-1 visa. Evidence of sustained national or international acclaim is required.
  • Outstanding Professor or Researcher: This term refers to a person who is internationally recognized as outstanding in a particular academic field, with at least three years of experience in teaching or research in that field. A job offer from a U.S. employer is required.
  • Multinational Manager or Executive: This term refers to a person employed in a managerial or executive position for at least one of the three preceding years by a foreign company with a qualifying relationship with the U.S. employer. The person must come to the U.S. to work in a managerial or executive position for the same company, subsidiary, or affiliate.
  • Form I-140: This is the Immigrant Petition for Alien Worker form that the U.S. employer must file on behalf of the foreign national seeking an EB-1 visa. The form provides information about the employer and the foreign national and includes supporting documentation to prove eligibility.
  • Adjustment of Status: This term refers to changing one's immigration status from a nonimmigrant to an immigrant status while remaining in the United States. This process can be used by foreign nationals already in the U.S. and eligible for the EB-1 visa.

Final Thoughts on EB1 Visas

The EB-1 visa is a highly sought-after visa that allows individuals with extraordinary abilities, outstanding professors or researchers, or multinational managers or executives to obtain permanent residency in the United States. The application process can be complex and time-consuming, but the right preparation and guidance can increase the chances of success.

It is important to gather strong evidence of one's achievements in their field, work with an experienced immigration attorney, and follow all instructions carefully. Being organized, honest, and well-prepared for interviews can also make a significant difference in the outcome of the application.

The EB-1 visa can benefit individuals seeking permanent residency in the United States and pursuing their professional goals in their chosen fields.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Lawyers

David H. on ContractsCounsel
View David
5.0 (3)
Member Since:
March 10, 2022

David H.

Technology Contract Attorney
Free Consultation
Michigan (virtual practice)
12 Yrs Experience
Licensed in MI
Western Michigan University - Thomas M Cooley Law School

Michigan licensed attorney. A compelling combination of technology, sourcing, sales, and legal experience. Over 20 years in technology positions negotiating technology engagements and contracts. General practice legal experience. Significant IT contracts experience (from IT sourcing/procurement) with the State of Michigan and Zimmer Biomet (Fortune 500). Excellent people, negotiation, and writing skills; keen eye for continuous improvement. Trusted business partner co-leading or supporting cross-functional integrated business/IT projects.

Michael C. on ContractsCounsel
View Michael
5.0 (1)
Member Since:
March 17, 2022

Michael C.

Managing Member
Free Consultation
12 Yrs Experience
Licensed in NY, TX
Wake Forest University School of Law

A seasoned senior executive with experience leading the legal and compliance functions of healthcare entities through high-growth periods. I have experience managing voluminous litigation caseloads, while also handling all pre-litigation investigations for employment, healthcare regulatory, and compliance matters. Similarly, I have led multiple M&A teams through purchase and sale processes, including diligence and contract negotiations. Finally, I have extensive contract review experience in all matters, including debt and equity financing, healthcare payor contracting, vendor and employment agreements, as well as service and procurement agreements.

Mark D. on ContractsCounsel
View Mark
5.0 (2)
Member Since:
March 15, 2022

Mark D.

Free Consultation
Dallas/Houston Texas
28 Yrs Experience
Licensed in CO, TX
Thomas M Cooley Law School

Partnering with business clients to keep their greatest asset - their employees - from becoming their biggest liability. Mark accomplishes this by working with in-house counsel and human resource professionals of several Fortune 50 companies, as well as many smaller public and privately held profit and not for profit organizations, to provide advice and counsel on the day to day employment and workforce practice issues encountered by those organizations. For over fifteen years Mark has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. He is licensed and practices in both Texas and Colorado and has focused his practice for the last 20 plus years on defending companies in employment and labor related matters. During this time Mark has had extensive experience in handling and responding to a wide range of local, state and federal employment issues that impact the management and operations of businesses in a wide range of industries. Mark's experience includes appearances before state and federal agencies and regulatory boards, litigation in both state and federal courts, defense of class actions and appearances before courts of appeal. While Mark regularly handles matters in litigation, he has a high regard for handling every issue with the best interest of the client’s business. Mark is a published author and regular speaks on labor, employment and workplace practice topics. Whether it be an investigation by the Occupational Safety and Health Administration (OSHA), the Wage & Hour division of the U.S. Department of Labor, or other state agency; an Equal Employment Opportunity Commission (EEOC) or state agency charge claiming a violation of local, state or federal employment or labor laws; or the need for direction on a hiring, termination or business operational issue involving employees, Mark has extensive experience in handling these and many other employment and labor issues.

Rebecca R. on ContractsCounsel
View Rebecca
5.0 (2)
Member Since:
March 16, 2022

Rebecca R.

Free Consultation
St. Petersburg, FL/Nashville, TN
22 Yrs Experience
Licensed in TN
University of Tennessee College of Law

An experienced commercial contracts attorney with sales, leasing, NDA, SEC compliance, corporate governance, commercial real estate, and employment experience. Also well versed in internal and external policy document and manual creation.

Gregory F. on ContractsCounsel
View Gregory
5.0 (5)
Member Since:
March 23, 2022

Gregory F.

Free Consultation
Atlanta, Georgia
25 Yrs Experience
Licensed in GA, NY
University of Pennsylvania

Greg Fidlon has been practicing exclusively in employment law since 1998. He represents and advises clients in all aspects of the employment relationship. In addition to his litigation work, Greg regularly negotiates and drafts corporate policy handbooks, employment contracts, separation agreements and restrictive covenants. He also develops and presents training programs and has spoken and written extensively on labor and employment law topics.

Sunnita B. on ContractsCounsel
View Sunnita
4.9 (28)
Member Since:
March 28, 2022
Joann H. on ContractsCounsel
View Joann
Member Since:
March 23, 2022

Joann H.

Attorney at Law
Free Consultation
23 Yrs Experience
Licensed in FL, NY
University of Buffalo School of Law; SUNY at Buffalo School of Law

I practiced law for the past 22 years in Immigration, Bankruptcy, Foreclosure, Civil Litigation, and Estate Planning. I am interested in downsizing to a more workable schedule to allow the pursuit of other interests.

Pankaj R. on ContractsCounsel
View Pankaj
Member Since:
March 25, 2022

Pankaj R.

Free Consultation
Los Angeles/Inland Empire
14 Yrs Experience
Licensed in AZ, CA
University of Arizona Rogers College of Law

I advise clients in the areas of business, trademarks, real estate, employment, and finance. My overarching goals are to unite creative people and companies to assist them in making sound legal and business decisions. I have been fortunate enough to build a fast-growing, 21st-century law firm with an amazing staff by my side. Our focus is not just on providing invaluable legal insight but creating a better all-around client experience. We provide unique subscription pricing and flat-fee options for our clients, providing billing transparency and enhanced value to all of our wonderful clients. Focus areas: contract drafting, negotiations, research, trademarks international law, entertainment, business development, entity choice; business: manager, team builder, leader, motivator. Speaking Engagements: National Business Institute (NBI) - "Business Contracts 101"

Patrycja S. on ContractsCounsel
View Patrycja
Member Since:
March 28, 2022

Patrycja S.

Free Consultation
Cleveland, OH, United States
3 Yrs Experience
Licensed in OH
Cleveland Marshall College of Law

Freelance attorney helping others beat overflow work by assisting with legal research, legal drafting, discovery, litigation support and client relations.

Jerry L. on ContractsCounsel
View Jerry
Member Since:
May 16, 2022

Jerry L.

Free Consultation
Nashville, Tennessee
6 Yrs Experience
Licensed in TN
University of Tennessee

Jerry provides legal advice to business owners regarding contracts, business law, labor & employment, wills and estates, and real estate.

Find the best lawyer for your project

Browse Lawyers Now

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city