EB1 Visa: A General Guide
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Quick Facts — EB1 Visa Lawyers
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The EB-1 visa, an employment-based visa, allows people with outstanding abilities and job titles to apply for US permanent residency. This visa is specifically designed for people with extraordinary ability, outstanding professors, researchers, and multinational executives and managers. Also, it is important to know that the EB-1 visa is reserved for individuals who are exceptional in their field and have received national or international acclaim. When the EB-1 visa is approved, the applicant may submit a green card application to become a permanent resident of the United States.
Eligibility Criteria for the EB-1 Visa
To be eligible for the EB-1 visa, applicants must meet one of the following criteria:
- Extraordinary Ability: Applicants must demonstrate extraordinary ability in their expertise, evidenced by sustained national or international acclaim. It can be demonstrated through awards, publications, memberships in professional associations, and other achievements.
- Outstanding Professors and Researchers: Applicants must be recognized internationally as outstanding in their academic field and have at least three years of teaching or research experience.
- Multinational Managers and Executives: Applicants must have been employed in a managerial or executive capacity for at least one of the three years preceding their application by a multinational corporation outside the United States and must be coming to the United States to work for the same employer or a subsidiary or affiliate.
Benefits of the EB-1 Visa
Below are some key advantages of getting an EB-1 Visa.
- No Labor Certification Required: Unlike many other employment-based visas, the EB-1 visa does not require a labor certification, which can be time-consuming and complicated.
- Permanent Residency: The EB-1 visa grants permanent residency to the applicant, allowing them to live and work in the United States indefinitely.
- No Job Offer Required: Applicants do not require a job offer to apply for the EB-1 visa, making it a prevalent option for self-employed individuals and entrepreneurs.
How to Apply for the EB-1 Visa
Here are some steps you must follow to apply for an EB-1 Visa.
- File Form I-140. The primary step in the EB-1 visa application process is to file Form I-140, Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).
- Collect Evidence. Applicants must collect evidence to support their eligibility for the visa category they are applying for, including documentation of their extraordinary ability, outstanding professor or researcher status, or multinational manager/executive position.
- Attend Biometrics Appointment. Applicants must attend a biometrics appointment to have their fingerprints and photo taken.
- Attend an Interview (if required). USCIS may require applicants to attend an interview to discuss their application.
- Receive Decision. USCIS will examine the application and decide whether to approve or reject the visa. If authorized, the applicant can move on to the subsequent step.
- Apply for Adjustment of Status or Immigrant Visa. Applicants must then apply for an adjustment of status or an immigrant visa to live and work in the United States as a permanent resident.
Requirements for the EB-1 Visa
The EB-1 visa category requires individuals to demonstrate their extraordinary ability in science, arts, education, business, or athletics. The applicant must provide evidence of their achievements, such as major international awards, publications, and patents. The applicant must also demonstrate that they have sustained national or international recognition for their achievements and that their work benefits the United States.
The Outstanding Researcher or Professor category requires applicants to have a minimum of three years of experience in teaching or research and demonstrate international recognition in their field. The applicant must provide evidence of their publications, research, awards, and a job offer from a U.S. employer.
The Multinational Executive or Manager category requires applicants to have worked for a multinational company for at least one year in the past three years. The applicant must demonstrate that they have held a managerial or executive position and will be transferring to a U.S. branch of the company.
Key Terms for EB-1 Visas
- Extraordinary Ability: The EB-1 visa is reserved for individuals with exceptional ability in their field, such as science, arts, education, business, or athletics.
- Priority Workers: The EB-1 visa category is considered a priority worker visa, meaning there are no annual caps on the number of visas available.
- Green Card: Successful EB-1 visa applicants obtain a green card, which permits them to live and work permanently in the United States.
- National Interest Waiver (NIW): EB-1 applicants who can demonstrate that their work is in the national interest of the United States can apply for an NIW, which waives the requirement for a job offer and labor certification.
- Petitioner: The employer or sponsor who registers the EB-1 visa application on behalf of the applicant is called the petitioner.
- Outstanding Professors and Researchers: The EB-1 visa is also available for excellent professors and researchers with a job offer from a United States university or research institution.
- Evidence: To qualify for an EB-1 visa, applicants must provide proof of their extraordinary capabilities, such as publications, awards, patents, and media recognition.
Final Thoughts on EB-1 Visas
The EB-1 visa is excellent for individuals with extraordinary abilities, outstanding professors and researchers, and multinational managers and executives. It provides numerous benefits and does not require a labor certification or job offer.
However, the application process can be complex and requires careful preparation and attention to detail. If you are considering applying for an EB-1 visa, it is recommended that you consult with an experienced immigration attorney to help guide you through the process.
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Meet some of our EB1 Visa Lawyers
Brian W.
As a licensed AL lawyer with over 7 years of experience in the legal field, I have spent more than 15 years working in the business and finance sector. I am deeply passionate about immigration, contracts, & my expertise spans a wide range of projects. From handling ICOs & IPOs to navigating VCs, SaaS, OnlyFans, Wholesaler & Manufacturing Agreements, Prenups, Movie Finance, M & As, Visas, Green Cards and more. I have a comprehensive understanding of various contractual needs. Whatever your contract requirements may be, feel free to reach out to me—I can craft or work on any contract with precision and expertise.
"Brian was great to work with and delivered the work requested well before the deadline. He went above and beyond to provide what I needed for my project. Thanks, Brian!"
Karl D. S.
Karl D. Shehu, has a multidisciplinary practice encompassing small business law, estate and legacy planning, real estate law, and litigation. Attorney Shehu has assisted families, physicians, professionals, and people of faith provide for their loved ones by crafting individualized estate and legacy plans. Protecting families and safeguarding families is his passion. Attorney Shehu routinely represents lenders, buyers, sellers, and businesses in real estate transactions, researching and resolving title defects, escrowing funds, and drafting lending documents. To date, Attorney Shehu has closed a real estate deal in every town in Connecticut. As a litigator, Attorney Shehu has proven willing to engage in contentious court battles to obtain results for his clients. While practicing at DLA Piper, LLP, in Boston, Attorney Shehu represented the world’s largest pharmaceutical companies in multidistrict litigations filed throughout the United States. He has been a passionate advocate for immigrants and the seriously injured, frequently advising against lowball settlement offers. He is willing to try every case to verdict, and he meticulously prepares every case for trial. Attorney Shehu began his legal career as a consumer lawyer, utilizing fee-shifting statutes to force unscrupulous businesses to pay the legal fees of aggrieved consumers. For example, in Access Therapies v. Mendoza, 1:13-cv-01317 (S.D. Ind. 2014), Attorney Shehu utilized unique interpretations of the Trafficking Victims Protection Act, Truth-in-Lending Act, and Racketeer Influenced and Corrupt Organizations Act (RICO) to obtain a favorable result for his immigrant client. Attorney Shehu is a Waterbury, Connecticut native. He attended Our Lady of Mount Carmel grammar school, The Loomis Chaffee School, and Chase Collegiate School before earning degrees from Boston College, the University of Oxford’s Said Business School in England, and Pepperdine University School of Law. At Oxford, Karl was voted president of his class. Outside of his law practice, Attorney Shehu has worked to improve the world around him by participating in numerous charitable endeavors. He is a former candidate for the Connecticut Senate and a parishioner of St. Patrick Parish and Oratory in Waterbury. In addition, Attorney Shehu has written extensively on the Twenty-fifth Amendment and law firm retention by multinational firms.
Tanasia T.
Tanasia is a licensed, Florida barred, attorney with diverse professional experience in the fields of family law, dependency, business formation, and debtor/creditor rights. After finding that many legal issues don't exist in isolation, Tanasia founded Trotter Law in 2025 to bridge her experience and provide a holistic approach to her client's unique needs. Tanasia is committed to providing solution-focused legal counsel with compassion. She is a partner and teammate while working with individuals, families, and businesses to achieve their goals. Whether embarking on new ventures or facing legal challenges, she is committed to guiding her clients with the support, knowledge, and direction needed to make informed decisions and ensure the most successful outcome.
"Tanasia did an excellent job. She was very responsive, took the time to explain everything clearly, and answered all questions with patience and professionalism. Highly recommend."
Brian R.
Highly respected strategic advisor and trusted business partner to diverse stakeholders, ranging from C-suite executives to frontline managers in both public and private sectors. Recognized thought leader known for translating complex legal concepts into straightforward, pragmatic, actionable advice. Proven track record of collaborating with executive teams to drive and execute corporate initiatives. Expert at leading tactical legal strategies across various business functions in dynamic, high-growth environments, with a keen sense for balancing legal rigor and practical business solutions.
"Brian is an excellent resource. He communicates well, presents a very realistic picture of options, and provides the right guidance. We were very happy with his work."
Lana A.
I am a New York Attorney for over 25 years with extensive experience in contract law of all types, including real estate, and was a bank closer for residential housing and refinancing. Extensive landlord-tenant work, including leases, commercial property, and telecom. I have done pre-trial civil litigation, motion practice, and forensic accountings for all types of disputes, from lawsuits to mediations and arbitrations, and created lasting agreements in conflicts. In addition, I have created and advised on business formation as well as dissolutions, recently doing a business acquisition for a scientist who worked for a major company but desired to create their own product and testing line. I maintain a NYC office but reside out of NY.
June 18, 2025
Laura C.
Serving the Greater New Orleans Westbank, Laura brings a unique blend of legal expertise and technical regulatory experience to individuals and small businesses navigating complex legal challenges. With a Juris Doctorate from Loyola College of Law’s Civil Law Night Program (2017) and a Bachelor of Science in Civil Engineering from the University of New Orleans (2011), Laura offers grounded, strategic legal support rooted in real-world problem-solving. Prior to practicing law, Laura spent over a decade at the U.S. Department of the Interior, focusing on environmental and safety regulatory enforcement for offshore oil and gas operations. There, she led compliance reviews, developed policy, mediated between federal experts and industry representatives, and presented at major professional conferences on exploration, development, and environmental planning. This experience has instilled a deep understanding of complex regulatory frameworks and strong negotiation skills—assets to any client. Laura also served as Vice President of her union local, where she advocated for federal employees in disciplinary matters, negotiated workplace policy changes, and secured ADA accommodations—experience that informs her empathetic, client-centered approach to employment and family law.
JOSEPH R.
June 20, 2025
JOSEPH R.
Since starting as a Wall Street lawyer in 2004, I have led and closed 100's of transactions ranging from small business acquisitions to multi-billion-dollar domestic and international deals as well as private capital raises large and small. With over 20 years of experience in corporate, M&A, and securities law, I provide strategic legal counsel tailored to high-stakes business initiatives as well as critical advice to startups and companies raising capital. 🔴CORE PRACTICE AREAS: Capital Raising: Structuring and preparing Private Placement Memorandums (PPMs), SAFE Notes, Convertible Notes, Promissory Notes, Bridge Notes, Warrants, Reg A, Reg CF, Reg D, and Reg S offerings. Business Transactions: Representing buyers and sellers in domestic and cross-border M&A. Startups and Growth-Stage Businesses: Formation, structuring, scaling, and preparing businesses for investment or acquisition. Exit Planning: Legal strategy and execution for business sales and investor exits. Strategic Advisory: Advising boards of directors, C-suite executives and founders on overall business strategy and business acquisition/disposition matters. 🔴LEGAL EXPERTISE: Structuring and negotiating complex M&A and capital markets transactions. Drafting core transactional documents: purchase agreements, subscription agreements, operating/shareholder agreements, and corporate governance materials. Advising on securities compliance, including Reg A, Reg D, and Reg S offerings, Blue Sky compliance, and SEC filings. Fund formation and structured finance: extensive experience with CDOs, CMBS/RMBS, and Investment Company Act issues. Partnering with senior management and boards to align legal strategies with business objectives. Collaborating with international counsel and multidisciplinary teams on multijurisdictional deals. 🔴TRACK RECORD: Former Senior Associate Attorney at international Corporate M&A powerhouse Clifford Chance and top Corporate & Structured Finance law firm Thacher Proffitt & Wood both in Manhattan (New York City), where I represented investment banks, public and private companies, private equity sponsors, startups and hedge funds on strategic transactions. Closed and supported multi-billion-dollar deals across industries and jurisdictions. Delivered practical legal solutions to drive successful outcomes for clients ranging from startups to global financial institutions. I am licensed to practice law in New York and Texas. Corporate & Securities Attorney | Strategic Deal Advisor | M&A and Capital Raising Specialist
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