EB-1 Visa

Who qualifies for an EB-1 Visa? 

An EB-1 visa is a type of employment-based immigrant visa. It is designed for individuals with extraordinary ability or achievement in their respective fields. There are three subcategories within the EB-1 visa classification:

1. EB-1A: Extraordinary Ability
   • This category is for individuals who have demonstrated extraordinary ability in their field, which can include the sciences, arts, education, business, or athletics.
   • Applicants must provide evidence of sustained national or international acclaim and recognition for their achievements.
   • They do not require a job offer or labor certification to qualify for this visa.
2. EB-1B: Outstanding Professors and Researchers
   • This category is for outstanding professors and researchers who have a minimum of three years of teaching or research experience.
   • Applicants must have a job offer from a U.S. employer (usually a university or research institution) and demonstrate international recognition for their work.
   • A labor certification is not required.
3. EB-1C: Multinational Managers and Executives
   • This category is for managers and executives who have been employed abroad by a multinational company and are being transferred to a U.S. office of the same company.
   • The U.S. office must have been in operation for at least one year.
   • This category also does not require labor certification.

EB-1 visas are considered immigrant visas. Individuals who obtain EB-1 visas can live and work in the U.S. indefinitely and eventually apply for U.S. citizenship if they meet the eligibility criteria.

For detailed information on the different types of EB-1 visas, refer to the following links:

• EB-1A Visa
• EB-1B Visa
• EB-1C Visa
• Frequently Asked Questions about different types EB-1 Visas

The processing time for an EB-1 visa through U.S. Citizenship and Immigration Services (USCIS) can vary depending on several factors, including your country of origin, the specific USCIS service center handling your case, and the current caseload. Here is an overview of the general steps and processing times for an EB-1 visa through USCIS:

1. Form I-140 Petition: The first step is to file an Immigrant Petition for Alien Worker (Form I-140) with USCIS. This form is typically filed by your U.S. employer, and it establishes your eligibility for the EB-1 category. USCIS will review the petition to ensure that you meet the eligibility criteria.
2. Processing time: USCIS processing times for Form I-140 can vary but generally range from several months to over a year. You can check the USCIS website for current processing time estimates for your specific service center.
3. Premium Processing (Optional): USCIS offers a premium processing service for certain visa categories, including the EB-1. For an additional fee, USCIS will expedite the processing of your Form I-140 within 15 calendar days. Premium processing can significantly reduce the processing time.

Visa Bulletin: After USCIS approves your Form I-140, your priority date (the date of filing your petition) becomes important. You must wait for a visa number to become available based on the Visa Bulletin published by the U.S. Department of State. The availability of visa numbers depends on your visa category and country of chargeability.

If the alien does not live in the U.S., they will have to submit:

• • The DS-260 Immigrant Visa Application,
  • Supporting documents,  and
  •  Attend an interview with the U.S. Consulate in their country.

Upon approval, the alien will be able to enter the U.S. as a permanent resident.

If the alien already lives in the U.S. they will have to submit a Form  I-485 ( Application for Adjustment of Status). Upon approval, they will have permanent resident status in the U.S.

• • • • Am I eligible for Employment-Based AOS?
      • What are the requirements for Employment Based AOS?

Please click the links below to learn the details about other work visas.

Immigrant Visas:

1. EB-1 Visas  (Employment-Based First Preference)
2. EB-2 Visas (Employment-Based Second Preference)
3. NIW ( National Interest Waiver) (EB2 NIW)
4. EB-3 Visas (Employment-Based Third Preference)
5. EB-4 Visas (Employment-Based Four Preference)

 

Non-immigrant Temporary Work Visas:

1. 1. H-1B Visas (Workers in a specialty occupation)
   2. R1 Visas (Religious workers)
   3. P Visas ( Athletes, Artists, and Entertainers)
   4. L-1A Visas (Intracompany transferees in managerial or executive positions)
   5. L-1B Visas (Intracompany transferees in positions utilizing specialized knowledge)
   6. TN Visas (North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada)

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.