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Immilawyers.com
Gateway to the U.S.A.

Immilawyers.com Gateway to the U.S.A. Immilawyers.com Gateway to the U.S.A. Immilawyers.com Gateway to the U.S.A.

561-459-7207

  • Home
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Eb-1 Visa Lawyers

Find out more

EB-1 Visa / Green Card Option

Those that demonstrate extraordinary ability in the  areas of the arts, sciences, education, athletics or business may apply for the  EB-1 visa. If you fit into one of these categories, you must demonstrate national or international recognition in your field and must have    extensive  documentation in order to prove your extraordinary ability.  One of the main  benefits of the EB-1 visa is that you do not need an employment offer in order  to obtain the visa. Contact our immigration  law office to learn more about how we can help with your EB-1 case. 


EB-1 Visa Overview - Employment-Based Immigration


EB-1 visas are made available to:

  • Persons  of Extraordinary ability
  • Outstanding  professors and Researchers 
  • Multinational  managers or executives


1. EB-1 Extraordinary Ability 


Those that demonstrate extraordinary ability in the  areas of the    arts, sciences, education, athletics or business may apply for the  EB-1    visa. If you fit into one of these categories, you must demonstrate     national or international recognition in your field and must have    extensive  documentation in order to prove your extraordinary ability.    One of the main  benefits of the EB-1 visa is that you do not need an    employment offer in order  to obtain the visa.


Criteria for Proving Extraordinary Ability


You must show a substantial one time  achievement such as a Nobel  Prize, a Pulitzer Prize, an Oscar, or Olympic Metal, or you must meet at  least three (3) of the following:

  • Evidence of published work of yourself  by others in a major media, such as newspaper, book, documentary, etc.
  • Evidence that you have judged the work  by others in the past
  • Evidence of a substantial contribution  in your field
  • Evidence of any publications by yourself  in your field of expertise 
  • Your work must have been displayed at  art exhibitions or showcases
  • You must show that you have been  commercially successful in the performing arts 
  • You must show that your expertise  commands a high salary in comparison to others in your field
  • You must show evidence that you have had  a leading or significant role in a notable organization 
  • You must provide evidence of any awards  or prizes that you have received 
  • You must provide evidence of your  membership in any professional organizations related to your field 


2. EB-1 Outstanding Professors and Researchers


In order to qualify for an EB-1 visa through the  “outstanding professors and researchers” category, you must provide evidence  that    you have been teaching or engaging in research for the past 3 years,  and must provide evidence of international recognition for substantial achievements  in your academic field. In order to qualify under this  category, you must show  that you are pursuing tenure track teaching, or show that you are engaging in a  substantial research position at a university or institution of higher  learning. 

You must meet at least 2 off the following requirements to qualify as an EB-1 Outstanding Professor or researcher: 


  • Provide evidence of major prizes or  awards that you have received 
  • Provide evidence of your membership in  associations related to your field which demands excellence and great  achievement 
  • Provide evidence of any published  material in professional    publications written by others in your field of  expertise about your    work 
  • Provide evidence of your authorship in  any published material in professional publications or scholarly books or  journals 
  • Provide evidence of any substantial  research or scholarly contributions to your field of expertise 
  • Provide evidence of your participation  as a judge of any scholarly or research material in your field of expertise 


3. EB-1 Multinational Manager or Executive


To Qualify for an EB-1 visa through the  “multinational manager or    executive” category you must have at least one year  of experience in    your position and must have had this experience in the  preceding 3    years. You must be entering the United States in order to continue     working for the firm or corporation in which you had had at least a year    of  experience with as a multinational manager or executive.


Requirements of the Employer:


Your employer must be a U.S. employer that has been  doing business  for   at least one year. Your employer must be a subsidiary,  affiliate,  or   the same corporation that you were employed by abroad. 


EB-1 Visa FAQ


Are there any travel restrictions with the EB-1 visa?


There are no travel restrictions on the EB-1 visa.  You may leave the country as many times as you like under the EB-1 visa.


As an outstanding professor or researcher, do I need Labor Certification for an EB-1 visa?


No, labor certification is not required as an  outstanding professor or researcher for EB-1 visa purposes.


Can I bring my spouse and children with me while under EB-1 status?


Yes, you may bring your spouse and dependent  children under 21 years    of age with you to the United States while on an EB-1  visa. 


What can I do if my Form I-140 is denied while applying for an EB-1 visa?


If your I-140 is denied, you may file form I-290B,  Notice of appeal    at the USCIS service center with jurisdiction over your area,  within  33   days of your denial notice. In addition, you can re-file the I-140  if    you have new evidence related to your case. 

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