EB1 Visa: A General Guide
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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
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.
Robert M.
Robert is a sixth-generation Tennessean and part of a long line of Tennessee attorneys: There has been a Marks attorney in Tennessee since 1856. In 1929, Robert’s great-grandfather established an event venue, Shadowbrook, which Robert has worked at his entire life, including managing for 10 years. He knows what business owners are dealing with—especially venue owners—because he has dealt with it. While Robert loves the hospitality industry, he pursued his passion. In 2016, Robert decided to attend law school and continue managing the business. He thrived. He was a founding member of the Nashville School of Law's Legal Aid Society, received the Tennessee Supreme Court’s Law Student for Justice award, and interned with the Tennessee Supreme Court's Access to Justice Commission. Before co-founding Mercury Legal Group, Robert focused on estate planning in solo practice. In this role, he helped clients protect what they had spent a lifetime building. Now he helps his clients build their businesses by providing tailored legal services.
"Robert is so professional and yet friendly! He was very easy to work with. I explained my situation and he has immediate solutions to get everything worked out. I’m su with his work ethic and overall attentiveness to the project. He will be my new lawyer moving on."
O.T. W.
Hi, my name is O.T. and I own The Walker Collective, a law firm that caters to the contractual, intellectual property, and business formation needs of creative entrepreneurs and small business owners. I am licensed to practice in Maryland and New York.
"O.T was very personable, knowledgable, and resourceful. Would definitely use her again!"
Faryal A.
Ms. Ayub is an attorney licensed to practice in Texas. Before moving to the US, she has a number of years of experience in contract review, analysis and drafting. Ms. Ayub is available to help you with your legal problems, as well as filling LLC and other business entity formation documents. To know more about her practice, please visit https://ayublawfirmpllc.com/.
"Hi Faryal, thank you for the support in closing out my separation agreement. It was really appreciated and I look forward to next opportunity to work with you. thanks Peter"
Jason H.
Jason has been providing legal insight and business expertise since 2001. He is admitted to both the Virginia Bar and the Texas State Bar, and also proud of his membership to the Fellowship of Ministers and Churches. Having served many people, companies and organizations with legal and business needs, his peers and clients know him to be a high-performing and skilled attorney who genuinely cares about his clients. In addition to being a trusted legal advisor, he is a keen business advisor for executive leadership and senior leadership teams on corporate legal and regulatory matters. His personal mission is to take a genuine interest in his clients, and serve as a primary resource to them.
"Wonderful attorney! He was extremely professional, answered all of my questions and was patient with my complicated legal situation. Don’t hesitate to hire him."
February 11, 2023
Moxie M.
Lindsey has always been deeply invested in the power of knowledge; she was born and raised in Columbus, Ohio before making her way to Miami University for a dual Bachelor's degree. Afterward, Lindsey completed a Juris Doctor at Stetson University with an International Law concentration before earning a Health & Hospital law Certificate from Seton Hall School of Law. After graduating law school, Lindsey began her career as an associate at a Florida-based insurance litigation firm. She eventually transitioned to become a multi-year Rising Star in Employment Law by Super Lawyers as a labor and employment lawyer with Scott Wagner and Associates, supporting clients in Florida, California & Ohio with employment law matters. Her expertise covers counseling on workplace policies/handbooks; investigations into EEO discrimination/retaliation claims; wage disputes & wrongful terminations - equipping employees across multiple states for success in the ever-changing modern workforce landscape. Leveraging extensive knowledge of state/federal regulations gained from handling dozens of cases over many years, Lindsey has established herself as a leader in the field. Lindsey is a seasoned litigator, well-versed in the complexities of employer and employee disputes. She has represented clients on both sides during numerous mediations and provides an informed perspective when advocating for her clients' interests. She sharpened her dispute resolution skills by completing Harvard Law School's Negotiation Mediation course as part of their Executive Education Program as well as a Florida Circuit Civil Certified Mediator - making her qualified to mediate Circuit Civil cases in Florida as well as California and Ohio. Her breadth of knowledge provides valuable insight into the complexities each side faces while navigating their way through conflict mediation situations. With her varied expertise in the world of entertainment industry employment law, Lindsey has become a go-to source for Hollywood professionals, studios, and companies looking to make sure their legal considerations and entertainment contract law knowledge is up to date. From contract negotiations and employment advice to her outstanding knowledge of current regulations, she provides clients with everything they need for success both now and into the future. Lindsey dedicates her time and expertise to advancing the legal community. She proudly serves on the Executive Council for Florida Bar Association Labor and Employment Section, as well as with American Bar's Membership Outreach Committee in a leadership role. Lindsey is also an respected LA Magazine Editorial Board Member while Co-Chairing both LACBA CLE Event Dinner Committees - focusing on labor and employment law developments. Lindsey is passionate about providing accessible legal services to those in need. She serves on the Pro Bono Mediation Panel for the U.S Central District Court of California, volunteers as a mediator with California Lawyers for Arts and acts as Settlement Officer with Los Angeles Superior Court's ResolveLA program - all while donating her time towards resolving disputes through pro bono mediation at Equal Employment Opportunities Commission (EEOC). Lindsey is a globetrotter, an outdoor enthusiast, and dedicated sports fan all rolled into one. While splitting time between California, Florida and Ohio she has the best of three world - from hiking trails to family gatherings there's always something interesting on her horizon! Plus with photography as a hobby Lindsey enjoys capturing life’s precious moments so they can be treasured for years to come.
February 24, 2023
Candace M.
For over 20 years, as an attorney and real estate broker, Candace has used her passion for business and real estate to help her clients succeed as business owners, entrepreneurs Realtors, and real estate investors. She and her team go above and beyond to simplify and solve those issues which trouble her clients. From the simple to the complex, she is ready to help. Her experience includes, Real Estate law, Contracts, Business Formation, Business Operating AGreements and Entrepreneurial counseling.
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