EB-1 Visa Lawyers in NYC

EB-1 Visa Lawyers in NYC

The EB-1 Visa is designed for individuals who have demonstrated extraordinary abilities in their respective fields, including the sciences, arts, education, business, or athletics. Often referred to as the “Einstein Visa,” it provides a direct route to U.S. permanent residency for those with exceptional talents.

Key Categories of the EB-1 Visa

EB-1A: Extraordinary Ability

The EB-1A category is for individuals with extraordinary abilities in fields such as science, education, business, or athletics. Applicants must provide evidence of sustained national or international acclaim.

EB-1B: Outstanding Professors and Researchers

EB-1B is for outstanding professors and researchers recognized for their notable achievements in a specific academic area. It requires a tenure-track position or a comparable research position at a university or institution of higher education.

EB-1C: Multinational Executives and Managers

The EB-1C category is for multinational executives and managers transferring to the U.S. to work for a related company. It requires a qualifying relationship between the foreign and U.S. companies.

Eligibility Criteria for the EB1 Visa

Extraordinary Ability (EB-1A)

To qualify for the EB-1A category, applicants must provide evidence of extraordinary ability, such as major international awards, scholarly contributions, or a significant body of work that has been recognized by experts in the field.

Outstanding Professors and Researchers (EB-1B)

EB-1B applicants must demonstrate international recognition for outstanding achievements in a particular academic field. This can include major awards, scholarly publications, and a record of substantial contributions to the field.

Multinational Executives and Managers (EB-1C)

EB-1C applicants must have been employed abroad by the same employer, its affiliate, or subsidiary for at least one of the three years preceding the transfer to the U.S. They should be coming to the U.S. to work in a managerial or executive capacity.

Benefits of the EB1 Visa

Expedited Processing

One of the significant advantages of the EB1 Visa is its priority processing, allowing for faster adjudication compared to other employment-based green card categories.

No Labor Certification Requirement

Unlike many employment-based visas, the EB-1 Visa does not require the employer to undergo the time-consuming labor certification process, streamlining the application process.

Inclusion of Dependents

EB-1 Visa holders can include their spouses and unmarried children under 21 in their green card application, providing them with the same benefits.

Application Process for the EB1 Visa

Form I-140: Immigrant Petition for Alien Worker

The first step is filing Form I-140, the Immigrant Petition for Alien Worker, with the USCIS. This form establishes the petitioner’s eligibility under one of the EB-1 categories.

Premium Processing Option

Applicants have the option of utilizing premium processing for an additional fee, which guarantees a 15-calendar day processing time for Form I-140.

Adjustment of Status or Consular Processing

Once the I-140 petition is approved, applicants can choose to adjust their status if already in the U.S. or undergo consular processing if abroad.

How to Apply for the EB-1 Visa

The Employment-Based First Preference Visa, commonly known as the EB1 Visa, is designed for individuals with extraordinary abilities, outstanding professors and researchers, and multinational managers and executives. This guide outlines the steps to successfully apply for an EB1 Visa.

Qualification Criteria for Each Category

3.1 EB-1(A) Criteria

Applicants must provide evidence of extraordinary ability, such as major awards, recognized achievements, or a significant body of work in their field.

3.2 EB-1(B) Criteria

Requirements include international recognition, at least three years of experience in teaching or research, and a documented record of outstanding achievements.

3.3 EB-1(C) Criteria

Applicants must demonstrate that they have been employed as managers or executives for at least one of the three preceding years by the same employer, affiliate, or subsidiary.

Documentation and Evidence Requirements

Compile comprehensive documentation, including recommendation letters, awards, publications, and other evidence that substantiates the applicant’s qualifications.

Form I-140: Immigrant Petition for Alien Worker

File Form I-140 with U.S. Citizenship and Immigration Services (USCIS), providing details about the applicant’s qualifications, achievements, and the specific category they are applying under.

Premium Processing Option

Applicants have the option to use premium processing, which expedites the adjudication process for an additional fee, providing a faster decision within 15 calendar days.

Consular Processing or Adjustment of Status

After USCIS approves the Form I-140, applicants can choose either consular processing (if outside the U.S.) or adjustment of status (if in the U.S.) to complete the immigration process.

Processing Time and Priority Dates

Processing times can vary, and applicants should monitor the Visa Bulletin for information on priority dates, which may affect when they can proceed with the next steps.

Employment Authorization for Spouses

Spouses of EB-1 Visa holders are eligible for employment authorization in the U.S., allowing them to work during the validity of the visa.

Maintaining Status and Potential Challenges

Maintaining status involves adhering to the terms of the visa and avoiding actions that could jeopardize it. Potential challenges, such as changes in employment, should be addressed with legal guidance.

FAQs About Applying for the EB1 Visa

Can I self-petition for an EB-1 visa?

Yes, individuals with extraordinary abilities (EB-1A) can self-petition without the need for employer sponsorship.

Is there an annual cap on EB-1 visas?

There is no specific annual cap for EB1 visas, making them immediately available for qualified applicants.

How long does it take to process an EB-1 visa?

Processing times vary, but premium processing is available for faster adjudication within 15 calendar days.

Can I apply for an EB-1 visa while in the U.S. on another visa?

Yes, individuals in the U.S. on other visas can apply for an EB-1 visa, but they must ensure compliance with visa regulations during the process.

What happens if my EB-1 petition is denied?

If a petition is denied, applicants may have the option to appeal the decision or reapply with additional documentation addressing USCIS concerns.

Our EB1 Visa Lawyers Can Help

Our expert is here to assist you. Specializing in EB1 immigration law, they have a successful history in handling EB1 visas, ensuring your unique skills are acknowledged. We understand the value of your dreams and are committed to providing you with the best legal support. Our law firm is dedicated to making the immigration process straightforward and stress-free for you.