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We are aware of the complexities of immigration law, so we are here to help you with the EB-1 visa process. We are aware of the significance of obtaining a visa that matches your professional aspirations as advocates for investors and entrepreneurs. This comprehensive guide will address the essential aspects of the EB-1 visa so that you can make informed decisions.
Exceptionally talented professionals, multinational managers and executives, as well as exceptional researchers and professors, are eligible for the EB-1 visa, which is also known as the Employment-Based First Preference visa. Those who have made significant contributions to their industries by showing exceptional expertise are eligible for this exclusive category.
The USCIS processing times and individual circumstances can affect the time required to obtain an EB-1 visa. The process can typically take from several months to more than a year. Initial processing times vary according to the service center that handles the petition; however, if the applicant is outside the United States, consular processing may take longer.
Filing fees, legal representation fees, and potential additional expenses, such as premium processing or status adjustment fees, constitute the costs associated with the EB-1 visa. It is necessary to budget for these expenses, even though USCIS filing fees may vary. We work closely with our clients to ensure that they are aware of all associated costs.
To qualify for the EB-1 visa, applicants must fulfill specific criteria corresponding to their respective categories:
EB-1A (Extraordinary Ability): This category is designated for individuals who possess extraordinary achievements in their respective fields, including the arts, sciences, education, business, or athletics. Applicants must provide substantial evidence of sustained national or international acclaim to support their petition.
EB-1B (Outstanding Professors and Researchers): This category is intended for distinguished professors and researchers who have a minimum of three years of experience in teaching or research. Applicants must demonstrate international recognition in their academic discipline.
EB-1C (Multinational Executives and Managers): This category is for executives or managers who have been employed outside the United States for at least one of the three years preceding their petition. Applicants must seek to enter the U.S. to continue their executive or managerial responsibilities with the same employer or a related entity.
The EB-1 visa typically requires a job offer from a US employer. However, a few exceptionally talented individuals may self-petition.
Although Premium processing is optional, it speeds up the adjudication process. Individual circumstances and urgency determine whether or not to choose premium processing.
Yes, individuals applying under the EB-1A category can self-petition, meaning they do not need a sponsoring employer. However, those applying under the EB-1B and EB-1C categories require a sponsoring employer.
Yes, spouses and unmarried children under 21 can accompany EB-1 visa holders to the U.S. under the same visa category (EB-1A, EB-1B, or EB-1C).
Our firm can look into possible legal options, such as appeals or refiling with additional evidence, if the petition is rejected. We can also examine the reasons for the denial.
Yes, there is an annual cap on the number of EB-1 visas that can be issued. However, the EB-1 category generally has shorter wait times compared to other employment-based visas due to its higher priority status.
Once your EB-1 petition is approved, you can apply for adjustment of status if you are in the U.S. or proceed with consular processing if you are outside the U.S. to obtain your immigrant visa and, eventually, your green card.
You can achieve residency approval, whether you are an exceptional entrepreneur, a distinguished researcher or worker, or an outstanding athlete
Immigaid offers consultations with experienced attorneys to review your case and provide customized legal advice. Schedule your consultation today to get started on the button below.
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