Obtaining an EB-1 immigrant visa can be a life-changing opportunity for a foreign national with extraordinary ability, outstanding achievement, or with a background as a multinational executive or manager role to get a green card to live and work in the United States. However, navigating the visa application process can be complex and daunting.
To ensure a smooth and successful application, it is highly recommended to hire an experienced EB-1 Visa attorney.
In this article, we will explore the significance of the EB-1 Green Card, the benefits of hiring an experienced immigration lawyer, and how they can guide you through the application.
EB-1 Visa: An Overview
The EB-1 Visa category, also known as the EB-1 Green Card, is designed for foreign nationals who possess extraordinary abilities in their field, outstanding professors and researchers, and multinational executives and managers, granting them permanent residency (a green card) in the US without needing PERM labor certification. Let’s briefly look at each type of EB-1 Visa:
EB-1A: Extraordinary Ability
The EB-1A Visa is for individuals who have achieved extraordinary recognition in their field (for example, by winning a major international award such as a Nobel Prize), evidenced by sustained national or international acclaim. It requires presenting substantial evidence of extraordinary ability and contributions.
For the EB-1A category, foreign nationals must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
You must be able to provide that you have submitted evidence in at least three of the following evidentiary categories below or provide evidence of a one-time achievement such as an Olympic Medal or a major internationally recognized award such as a Nobel Prize, Oscar, or Pullitzer. No offer of employment or labor certification is required.
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Membership in associations in the field which demand outstanding achievement of their members
- Published material about you in professional or major trade publications or other major media
- Having been asked to judge the work of others, either individually or on a panel
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Authorship of scholarly articles in professional or major trade publications or other major media
- Your work has been displayed at artistic exhibitions or showcases
- Performance in a leading or critical role in distinguished organizations
- That you command a high salary or other significantly high remuneration in relation to others in the field
- Commercial successes in the performing arts
EB-1B: Outstanding Professors and Researchers
EB-1B is for outstanding professors and researchers who have demonstrated international recognition for their exceptional work in a specific academic field. It requires employer sponsorship and presenting evidence of achievements and contributions to the field. An applicant for this category must be entering the US to pursue tenure, a tenure track position, or a comparable research position at a university, institution of higher education, or private employer.
To qualify, you must demonstrate international recognition for your outstanding achievements in a particular academic area. You must have at least three years of experience in teaching or research and have a job offer of a permanent teaching or research position with an appropriate institution of higher learning or research institution.
You must present evidence of at least two items in the list below (or comparable evidence) and an offer of employment from the prospective US employer.
- Receipt of major prizes or awards for outstanding achievement
- Membership in associations that require their members to demonstrate outstanding achievement
- Published material in professional publications written by others about the noncitizen’s work in the academic field
- Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic area
- Original scientific or scholarly research contributions in the field
- Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
EB-1C: Multinational Executives and Managers
EB-1C is for multinational executives and managers transferring to the United States within the same company or a qualifying subsidiary or affiliate. It requires proof of qualifying employment and the executive or managerial role.
The EB-1C category of this visa is for multinational managers or executives who have been employed for at least one of the three preceding years by the same multinational firm or corporation.
To qualify, you must be coming to the United States to continue working for that employer in a managerial or executive capacity and provide evidence such as:
- Documentation of your employment history with the multinational firm or corporation
- Evidence of your executive or managerial capacity
- Description of the duties you will perform in the United States
- Proof of the multinational company’s qualifying relationship
It is important to note that the US employer also needs to meet certain requirements, such as:
- The employing company must have a qualifying relationship with a foreign company (parent, subsidiary, affiliate, etc.)
- The employing company must conduct business in the United States and in one other country. The business may be done directly or through a subsidiary.
- The company must exist for at least one year in the United States.
In any of these categories, you will have to present evidence of extraordinary ability and great achievement in your field of endeavor and sustained national or international acclaim. You can do that by demonstrating employment in a leading or critical role, being awarded nationally or internationally recognized prizes or awards, authoring articles in major trade publications or scientific papers, etc.
To learn everything about the EB-1 Green Card, check our article EB-1 Green Card US: The Ultimate Guide by Experts.
EB-1 Visa Attorney Benefits
Increased chances of a successful application: A lawyer who specializes in handling EB-1 green card cases and knows what it takes to present a compelling application that meets the United States Citizenship and Immigration Services (USCIS) requirements. Their expertise and experience can significantly enhance your chances of approval.
Avoiding common mistakes: Immigration law is complex, with numerous regulations, and mistakes in the process of application can lead to delays or denials. A visa attorney specializes in immigration law, which is advantageous in ensuring that your application is error-free and fully compliant with USCIS guidelines.
Navigating potential challenges and denials: If your application faces challenges or receives a Request for Evidence (RFE) from USCIS, your lawyer will respond to address any concerns and bolster your case.
Time and stress-saving advantages: The visa process can be time-consuming and stressful. Hiring an immigration attorney allows you to focus on your professional endeavors and personal life while they handle the legal complexities on your behalf.
Guidance and representation: A visa attorney will guide you through every step of the application, providing valuable advice, reviewing documents, and representing you during the USCIS process whether you need to organize consular processing or adjustment of status and premium processing.
Choosing the Right Lawyer
Track record: Review the lawyer’s experience, specialization in EB-1 Visas, and success rate in handling similar cases.
Recommendations and client reviews: Ask for recommendations from trusted sources and read client reviews to gauge their professionalism and satisfaction with the lawyer’s services.
Initial consultation and fee structure: Arrange an initial consultation to discuss your case and understand the lawyer’s fee structure and payment terms.
How Lawyers Help with Common Challenges
An experienced EB-1 Visa attorney will assist you in addressing RFEs, handling visa interview complications, overcoming language or cultural barriers, and navigating family-related issues that may arise during the immigration process.
Addressing Requests for Evidence (RFEs): Receiving a Request for Evidence (RFE) from USCIS that they need you to send additional proof before they can proceed with your application or petition. A specialized lawyer will know how to skillfully respond to the request and provide additional evidence to strengthen your case for a green card. They will work with you to address any USCIS concerns and increase the likelihood of approval.
Dealing with visa interview complications: If required, attending a visa interview can be nerve-wracking. A visa attorney can prepare you for the interview, ensuring you are well-informed and confident in answering questions about your qualifications and achievements.
Overcoming language and cultural barriers: If you are a foreign national whose native language is not English, communicating effectively during the application process can be challenging. A specialized visa attorney can assist in providing accurate translations and clarifications to overcome potential language barriers.
Handling family-related issues: The immigration visa process may involve family members, and a specialized lawyer can help address any family-related matters and ensure that the immigration process is streamlined for all involved parties.
How Global Citizen Solutions EB-1 Lawyers Can Help
Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. Our multilingual team has extensive experience in US Visas and a track record of successful applications. We guide individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.
- We have helped hundreds of clients from 35+ countries in all the top Residency by Investment and Citizenship by Investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance.
- We have a team of immigration lawyers, and immigration advisers specialized in US immigration.
- Our transparent pricing covers all the processes from start to finish, with no hidden costs.
- All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
- Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your visa. We offer additional services such as company incorporation, Trusts, and Foundations formation.
- The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.
Frequently Asked Questions About Hiring an EB-1 Visa Lawyer
Do I need an EB-1 Visa attorney?
While hiring an immigration attorney is not a strict requirement, it is highly recommended due to the intricacies of the application process and the importance of presenting a strong case to the United States Citizenship and Immigration Services (USCIS).
A lawyer who specializes in immigration law can significantly increase your chances of a successful application and gaining permanent resident status (getting a green card).
Can a lawyer help determine if I'm eligible for the EB-1?
An experienced immigration lawyer can assess your background, achievements, and qualifications to determine if you meet the eligibility criteria for this immigration visa category.
They will evaluate your unique case and advise you on the most suitable visa option based on your qualifications.
They can also help with the application, when you must demonstrate extraordinary ability and outstanding achievements in your field of endeavor and continued national or international acclaim.
You will have to do that by presenting evidence of employment in a leading or critical role in an executive capacity, being awarded nationally or internationally recognized prizes or awards, authoring articles in major trade publications or scientific papers, etc.
What does an EB-1 lawyer cost?
The cost of hiring a visa attorney can vary depending on the lawyer’s experience and the complexity of your case. Typically, lawyers charge a flat fee or an hourly rate for their services. In addition to the legal fees, there are also government filing fees associated with the visa application.
Can a lawyer help with Requests for Evidences or denials?
Yes, an experienced immigration attorney can assist if your case receives an RFE or a denial. They will analyze the USCIS request or denial reasons, gather additional evidence, and craft a strong response to increase your chances of a green card approval upon resubmission.
Their expertise is invaluable in navigating such critical stages of the application, ultimately ensuring that you have the best chance possible to become a permanent resident (a green card holder) in the US.
What is the EB-1 Green Card?
The EB-1 is an employment-based visa that grants permanent residency (a green card) in the United States for individuals with extraordinary ability and work of major significance in their area of endeavor.
It has three categories: the EB-1A Visa, EB-1B Visa and EB-1C Visa. If you are looking for other employment-based immigration options, you may also want to check the EB-2 NIW and the O-1 Visa.
What is my green card priority date?
Your priority date is the day when USCIS received your Green Card application (Form I-140). The priority date essentially represents your position in a queue for a Green Card, while the cut-off date you can see in the USCIS Visa Bulletin is like the front of the queue.
If your priority date is earlier than the cut-off date, a visa is available and you can move forward with your Green Card application. If not, then you will have to wait until your priority date becomes current.
