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.
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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
Thomas D.
I graduated from the University of Wisconsin Law School. Upon graduation, I went to McDermott, Will & Emery in Chicago and practiced corporate, real estate and tax law. I then joined Godfrey & Kahn where I became a shareholder in the real estate group, head of real estate lending and continued to practice corporate law. At these firms, I received excellent training and represented some of the largest and most innovative clients in the US. After practicing law for 15 years, I founded a real estate development company. I built a multi-million dollar company and developed many significant projects. I sold the company and was recruited for senior positions by two other real estate companies. I continued to hone my legal skills at these companies by negotiating and drafting countless documents for my businesses. The combination of my legal and business experience helps me foster the growth of clients' businesses, solve their problems and guide them through difficult matters.
"Thomas was helpful and efficient in reviewing the master services agreement for me"
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.
Jeffrey W.
Jeffrey W.
I am a business, transactions, contracts attorney. I was the sole in-house attorney for a good-sized staffing company. I can review and create nearly any type of document you need. I enjoy writing, reading, and editing contracts. I want to read your contract. If I cannot do it, I won't take the job and I won't charge you for what I cannot do. However, in reality, unless you need a 225 page financing agreement, is has never been an issue.
Jerome L.
My experience includes 25 years of phone and customer facing customer service; 5 years managing a non profit with a focus in transportation; 10 years commercial/ residential asset management; 15 years project management in logistics and transportation, property management and law office management/civil litigation; 10 years working in the legal field, to include legal practice, marketing, managing office operations, human capital, etc, 5 years as a business and legal consultant, assisting entrepreneurs with business formation, evaluating business plans, partnering them with viable resources for success; and assisting businesses owners with improving business operations, development and customer experience
"Jerome was fantastic! He is very prompt, flexible, and easy to work with. Thank you!"
John L.
I have been practising law for over 30 years. I have extensive legal experience in contract disputes and drafting demand letters. I have been lead counsel in over 100 civil and criminal jury trials and have extensive litigation stradegy knowledge. I belive my experience would be of great benefit to any prospective client.
Yi S.
I am an attorney with 10 years of experience providing legal services in U.S. immigration. My comprehensive understanding of immigration regulations has achieved favorable outcomes and helped clients reach their goals. I handle a wide variety of immigration matters including family-based and employment-based non-immigrant and immigrant visas, with a specialization in business visas and particularly EB-5 investor visas, marriage-based petitions, and naturalizations among other immigration services. I am skilled in guiding companies and individuals through the complexities of U.S. immigration policies. Separately, I am licensed as a Florida Real Estate Sales Associate and have over 2 decades of experience with residential leasing, property management, contract work, and Homeowners Associations. I am adept at handling and resolving conflicts as well as facilitating real estate contracts and other transactions.
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