EB-1 visas may be obtained by people who are recognized as having extraordinary ability in the arts, sciences, athletics, education or business, and who are coming to the United States to work in their field of expertise. These so-called “priority workers” receive high priority for U.S. green cards.
An EB-1 visa does not require the applicant to have a job offer from a specific employer. Rather, an EB-1 holder serves as his or her own sponsor and is admitted to the United States on the strength of merit of the visa holder’s extraordinary ability. As a consequence, the process to obtain an EB-1 visa is much faster than other types of employment-based green card applications because no labor certification by the U.S. Department of Labor is needed.
An additional advantage of an EB-1 visa is that it actually serves as a green card, meaning the holder is actually a permanent resident of the United States. An EB-1 visa holder must continue to work in his or her field, but he or she does not have to continue working with a certain employer in order to maintain EB-1 status. Also, reapplication is not necessary if an EB-1 holder changes employers.
The immigration lawyers at C.T. Lee & Associates in New York City help individuals and corporate clients prepare petitions for extraordinary ability green cards. The “priority worker” category for obtaining an EB-1 visa is divided into three subcategories:
– EB-1A: Workers of extraordinary ability in the sciences, arts, education, business or athletics
– EB-1B: Outstanding university professors or researchers
– EB-1C: Executives or managers of multinational companies being transferred to the United States
Our experience in effectively representing individuals for EB-1 and all other types of visas allows us to identify stumbling blocks ahead of time and support valid applications. We will help you collect and present supporting documentation to improve the likelihood that your application will be approved the first time through.
The EB-1 is a priority green card for people who are recognized as having extraordinary ability in the arts, sciences, athletics, education, or business, and who are coming to the U.S. to work in their field of expertise. These exceptional workers receive high priority for U.S. green cards, which allows them to enter the U.S. as permanent residents.
There are three categories of EB-1 status: EB-1A, EB-1B, and EB-1C.
The EB-1A is for workers with extraordinary abilities in the arts, sciences, athletics, education, or business.
The EB-1B is for outstanding university professors or researchers.
the EB-1C is for executives or managers of multinational companies that are transferred to the U.S.
Typically, it takes about six months to process the Form I-140. The overall processing times, however, depend on several factors, including the complexity of the case, the current caseload at the relevant service center, and the status of your priority date.
The priority date is the date that the service center receives your petition. Congress has limited the number of employment-based green cards that may be issued in a year as well as the number of green cards that may be issued to nationals from particular countries. No more than 7% of the total green cards issued, family-based and employment-based, can be issued to nationals from a specific country. The priority date system is used to allocate processing times for green card petitions based on the basis of the petition and the home country of the foreign beneficiary. As such, beneficiaries from countries where there is a backlog of applicants experience longer processing times than beneficiaries from countries where there are not as many applicants.
The “visa bulletin,” which is available on the Travel Departments website, provides “Final Action Dates” for certain green card petitions for foreign nationals from certain countries. When a priority date is earlier than a Final Action Date, there are green cards available for applicants in the particular category and those applicants may adjust status or enter the U.S. as a lawful permanent resident.
Premium processing is currently only available for the EB-1A and EB-1B and not for the EB-1C green card. For an additional fee of $1,440, the petitioner may request that their petition is adjudicated within fifteen days of receipt.
An approved EB-1 petition grants the beneficiary (or petitioner where allowed) a ten-year green card.
An advantage of an EB-1 is that it actually serves as a green card, meaning the holder is actually a permanent resident of the United States. An EB-1 visa holder must continue to work in his or her field, but he or she does not have to continue working with a certain employer in order to maintain EB-1 status. Also, reapplication is not necessary if an EB-1 holder changes employers.
Yes. Spouses and unmarried children under 21 years old may file I-485 to adjust status (if present in the U.S.) as derivative applicants.
The Kazarian case set a two-part approach for the adjudication of EB-1A and EB-1B petitions. First, the adjudicator will determine whether the applicant has submitted enough evidence to establish eligibility for the EB-1. Next, the adjudicator must consider all evidence submitted in totality to make a determination as to whether the applicant meets the required level of expertise for the category.
You do not need a labor certification for any EB-1 category.
The processing times for the EB-1 green card depend on the country of which the foreign worker is a national. When the EB-1 petition is received by the applicable USCIS service center, USCIS will issue a receipt notice giving the petition a “Priority Date.” When visas becomes available, the priority date will become current and the EB-1C beneficiary will be able to enter the U.S. or adjust status.
I-140 Filing Fee: $700
I-485 Filing Fee (if adjusting status): $1,140
Biometrics Fee: $85
DS-260 Application Fee (only for consular processing): $345
Affidavit of Support Review Fee: $120
We emphasize on clear communication and a personal approach. Our clients work directly with an attorney from the initial consultation through the resolution of the case. We are quick to respond to client needs, available to answer your questions and intent on keeping you informed of the status of your case.
Few areas of law impact the long-term future of individuals and businesses as much as immigration law. The attorneys at C.T. Lee & Associates understand this, which is why we carefully analyze every client’s needs before developing a strategy that is designed to achieve each client’s goals as effectively and cost-efficiently as possible. See below for our list of services within immigration.
BUSINESS AND EMPLOYMENT-BASED IMMIGRATION – L-1 VISAS – O-1 VISAS – H-1B VISAS – EB-1 EXTRAORDINARY ABILITY GREEN CARDS – EB-2 EXCEPTIONAL ABILITY GREEN CARDS – EB-3 SKILLED AND UNSKILLED GREEN CARDS – EB-5 INVESTOR/EMPLOYMENT CREATION VISA – E VISAS (TRADER, INVESTOR, SPECIALITY OCCUPATIONS) – FAMILY-BASED IMMIGRATION – GREEN CARDS – VISITORS AND STUDENTS – P-1 & P-4 VISAS – U VISA – SPECIAL IMMIGRANT JUVENILE STATUS
