What are the criteria for the EB-1B designation? Is the category open to any field of work? These positions tend to go to individuals within traditional academic fields. What kind of evidence is required? A job offer letter from the sponsoring employer is required to satisfy the permanent position requirement. If you have any questions, please email me directly at Michael AshooriLaw. The EB1 processing time will depend on which of these 3 categories you are applying for.
Additionally, the overall EB1 processing time will depend on other factors, including:. Each of these subcategories has its own requirements for approval.
Depending on which of these categories you apply for, your processing time will be different. Applying for an EB1 green card is a 2-step process. Once the Form I is approved, you have 2 options for how to proceed; you can either apply for an adjustment of status with USCIS or apply for an immigrant visa at a US consulate or embassy abroad.
Premium processing is currently not available for EB1C petitions. If an RFE is issued on your case, it can slow down the overall processing time. This is because it will take additional time for you to prepare a response to the RFE. In certain situations, you may be eligible to file your Form I and your Form I adjustment of status at the same time This is also referred to as concurrent filing.
By filing both forms together, the overall EB1 processing time is shortened. This is because you do not have to first wait for the I to get approved before filing the I In order to concurrently file your I and I, the EB1 subcategory that you are applying for must be current.
This is a somewhat complicated concept to explain. To oversimplify, sometimes high demand for certain visa categories leads to a waitlist for that category this is referred to as visa retrogression. If the visa is current no waitlist then you can file the I and the I at the same time.
If there is a waitlist, then you have to wait until your I is approved and then wait for your visa to become current get to the front of the line before filing your I Historically, all EB1 categories are usually current and are therefore eligible for concurrent filing. If you have any questions about concurrent filing, please email me directly at Michael AshooriLaw. The EB1 visa has several benefits which make it a very attractive immigration option for working professionals.
The EB1 visa is a great option to get a green card to the United States if you can qualify under 1 of the 3 sub-categories. With an EB1 green card you can live and work in the United States, and get immigration benefits for your spouse and children.
Also, due to various features such as premium processing and concurrent filing, the EB1 processing times can be very favorable. Some complex concepts were discussed in this guide. If you have any questions about any of the information covered in this guide, or if you need help with your EB1 green card, please feel free to email me directly at Michael AshooriLaw. Got a question?
Send me an email. Overview: 1. Intro to EB1 Visa 3. EB1 Process Explained 4. Benefits of EB1 Visa 5. Conclusion 1. These factors will be discussed in more detail below. EB1A : The EB1A visa is reserved for people who have an extraordinary ability in either the sciences, arts, business, athletics, education, motion picture industry, or television industry. EB1A petitioners must demonstrate that they have an extraordinary ability in a particular field and that they will come to the US to work in that particular field.
This category typically requires various evidence such as awards, publications, memberships in various organizations within the field, etc. The EB1B visa has a lower standard for approval than the EB1A visa, however, it is only available to professors and researchers.
To qualify for an EB1C visa, you must have worked for 1 continuous year full-time for a foreign company as either a manager or executive. You must be coming to the United States to work for a US company as a manager or executive. For EB1C petitions, the I takes anywhere from 7.
Adjustment of status quite literally means adjusting from a non-immigrant status to immigrant status. Until receiving these documents, you should not leave the US. Concurrent Filing In certain situations, you may be eligible to file your Form I and your Form I adjustment of status at the same time This is also referred to as concurrent filing.
Visa Processing If you are outside of the US, you will likely have to do visa processing also called consular processing. They must provide evidence that you will be occupying a managerial or executive position. Again, there is no labor certification requirement, but a job offer from a US-based organization is a must. The EB1 immigrant visa application process varies depending on the subcategory you are applying for.
If you are applying under extraordinary ability, you can file your petition yourself. If you are applying as an outstanding professor or researcher, or multinational executive or manager, you will need an employer to sponsor your petition. During the application process, the employer will need to prove they have the financial ability to start and sustain the payment of the agreed wage as of the priority date of your petition. They may need to provide their federal income tax return, annual report, or audited financial statement to demonstrate their financial ability to pay the wages.
However, the majority of petitions are processed within six months. If you want to expedite the process, you may request a premium processing service that guarantees a decision within 15 days. In general, however, all EB1 visa categories have a faster application process timeline than other employment-based visas.
This is due to the non-requirement of the labor certification process. After submitting your I petition either by yourself or through an employer, you will receive the following notifications from USCIS:. Get in touch with our expert immigration lawyers to learn how to apply for an EB-1 Visa Contact us. The step to get this done will depend on your current location.
Form I application process may take additional six months, and once approved, you will be issued a green card as proof of your lawful permanent resident status. But if you are outside the United States, you will need to apply for a visa at a US embassy or consulate in your country of residence.
This is called consular processing. After receiving your visa, you can enter the United States and become a lawful permanent resident. All these visa categories lead to permanent residence. Here at Immigration Advice Service, we have a team of lawyers with vast knowledge of US immigration law. Our immigration lawyers are highly experienced in EB1 visa processing and other US visas. Though the EB1 application process may appear simple on paper, it is more complex than it appears.
It requires every sense of thoroughness and carefulness in gathering the required evidence for eligibility. You will also need to be highly attentive when filling the application forms.
All these can be daunting for a non-professional immigration law expert. However, if you engage the service of an immigration lawyer, they will guide you through each stage of the entire visa petition and green card application process.
We will prepare your application following the best immigration practice to ensure the highest possible chances of success. We will also help you review your supporting documents and guide you through the interview process. Premium application service that ensures your visa application is submitted to meet your deadline.
With our untimed Advice Session, our professional immigration lawyers will review your case and provide you with comprehensive advice, completely tailored to your needs and your situation. With our Application Package, your dedicated caseworker will advise you on your application process and eligibility. Your legal advisor will then complete and submit your forms to the Home Office on your behalf. Our Fast-Track Application Package is a premium service for those who need to submit their application in time with their deadlines.
Your case will become a top priority for our lawyers and you will benefit from our highest-quality services. If you wish to find out how you can work in the USA, our team is happy to assist. Learn more. Also, if you qualify for the EB1A, you can self-petition the visa.
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