Are you a foreign national renowned for your expertise? Then, an EB1 Visa lawyer can help you secure a Green Card through the EB-1 Visa. This is an employment-based visa for priority workers, especially individuals with extraordinary ability in sciences, arts, education, business, or athletics, as well as multinational executives and managers, or outstanding professors and researchers.
This is one of the most popular visa options because the EB-1 Green Cards are often unconditional, meaning foreign nationals can obtain permanent residency in the United States without restrictions.
Because of a complex application process and extensive documentation, the vast majority of applicants choose to invest in legal services to boost their chances of approval. Immigration lawyers can prepare your case and ensure you satisfy the eligibility criteria.
In this article, read more about:
EB1 Visa immigration: How does it work?
The EB-1 Visa is an employment-based program for an immigrant visa. It’s a fast-track option to a Green Card or permanent residence in the United States.
Unlike most other employment-based visas, like standard EB-2 or EB-3, the EB-1 helps you skip the labor certification process. That’s why many people consider the EB-1 a shortcut to permanent residency. The EB-2 NIW (National Interest Waiver) is the only exception that also skips this step.
This immigrant visa is divided into three categories, and foreign nationals are required to meet the specific EB-1 Visa requirements for each category to qualify for an employment-based visa. The EB-1 Visa categories include EB-1A, EB-1B, and EB-1C, each with its own eligibility criteria.
What is the EB-1A (extraordinary ability) Visa?
The EB-1A is an extraordinary ability visa. It is the most efficient option for getting employment-based immigration. This is a self-petition category that doesn’t require a job offer or a PERM Labor Certification.
To qualify, internationally recognized foreigners must demonstrate extraordinary ability in education, arts, science, business, or athletics.
You can demonstrate extraordinary ability in different ways by meeting three out of ten specific criteria set by the USCIS (US Citizenship and Immigration Services). Here are a couple of examples that qualify for the extraordinary ability category:
- Provide nationally or internationally recognized rewards (like a Nobel Prize, Pulitzer Prize, Olympic Medal, Academy Award, etc).
- Outstanding accomplishments in a specific field
- Demonstrate published material, scholarly articles, or other internationally recognized projects.
- Have a high salary or significant commercial success.
- Prove business-related contributions (play a crucial role at an important company)
- Show major media evidence.
- Proof that your work was presented at artistic exhibitions and had commercial success
- Provide extensive documentation or success stories that indicate national or international acclaim.
What is the EB-1B (outstanding professors and researchers) Visa?
The EB-1B Visa requires applicants with academic success and a valid job offer to immigrate to the United States. Unlike other employment-based Green Card options, EB-1B petitions don’t require labor certification.
Here are a couple of examples that can meet the eligibility criteria for EB-1B:
- Have at least three years of teaching or research experience.
- Provide strong recommendation letters and detailed explanations demonstrating their exceptional qualifications in academics.
- Offer evidence of international recognition for outstanding achievement.
- Tenure-track or tenured job offer for teaching at a university or another institution of higher education
Although most applicants on an EB-1B Visa are advanced degree professionals, having a degree, such as a PhD or a Master’s, is not mandatory. The USCIS prioritizes applicants with international recognition for outstanding achievements and work experience.
What is the EB-1C (multinational managers or executives) Visa?
EB1-C Visa is designed for an internal transfer from a foreign company to a US company. This visa requires a job offer without labor certification.
To qualify, foreigners must:
- Be a multinational executive and have a leading or critical role in a multinational company.
- Have worked abroad for at least one year in the last three years.
- Hired by a company in the United States for employment-based immigration.
What is an EB-2 National Interest Waiver (NIW) Visa?
The EB-2 NIW allows individuals to self-sponsor for a green card based on their achievements and the value of their work to the US national interest. It does not require a job offer or employer sponsorship, and while the criteria can seem more flexible than EB-1, they remain challenging to meet.
An EB-1 and EB-2 NIW law firm ensures foreign nationals fit the specific criteria for immigration. EB2 NIW lawyers and EB1 Visa attorneys can provide detailed guidance on how to get a green card. They may also suggest other visa options based on your expertise and significant awards.
Why work with an EB1 Visa lawyer?
Working with an experienced immigration lawyer can significantly increase your chances of getting an EB-1 visa. Here’s a list of reasons why it’s a smart choice:
- Increased success: Expert US Immigration Lawyers have a higher approval rate for EB-1 petitions.
- Understanding requirements: Employment-based immigration attorneys help determine if you meet the visa’s strict eligibility criteria.
- Building a strong case: Green card lawyers know how to present your accomplishments to make your petition stand out.
- Avoiding mistakes: An attorney can help you avoid errors that might lead to delays or rejection.
- Handling complex cases: EB-1 lawyers have the experience to navigate potential complexities.
- Personalized advice: Lawyers create a strategy tailored to your unique achievements and goals.
- A smooth process: They can guide you step-by-step, making the entire experience less stressful.
What services are offered by a EB1 Visa lawyer?
An EB1 Visa lawyer can help you obtain permanent residency in the United States based on your outstanding achievements, extraordinary ability, or skills as a multinational executive or manager. Legal experts go through the entire application process with you, provide evidence, and build a strong case for the USCIS. Their serivces include:
Regulatory compliance
The EB1 immigration lawyer will check all your documents to make sure you are a good fit. During the initial consultation, they will provide legal guidance and go through each EB-1 Visa category. They will ensure your visa application satisfies all conditions for whichever option you choose.
Case building
The EB1 Visa attorney organizes all the compelling evidence to represent your case. They can support your claim of extraordinary ability, managerial or executive capacity, or outstanding achievements.
Petition preparation and assistance with documentation
They will prepare a strong petition and file all the necessary forms, like Form I-140 for Alien Worker and Form I-485. Legal experts offer step-by-step guidance with well-supported documentation that meets all USCIS standards.
Risk reduction
Even if many foreign nationals can obtain an EB-1 Visa, every application is unique, and a limited number of visas are available. One of the main advantages of hiring the best EB1 immigration lawyer is that they can reduce the risk of refusals and expensive mistakes to almost zero.
Ongoing legal support, guidance, and litigation
Rules for immigration law are constantly changing. Legal experts can keep you up to date and provide regular legal advice even after you obtain your permanent residency. This is of major significance if you are planning to sponsor family members or become a US citizen. They can also provide litigation services, if needed.
EB-1 Visa Timelines
Here is a step-by-step guide to the immigration filing timeline for EB-1 Green Card cases.
- Consultation and legal guidance. Immigration attorneys will carefully analyze your petition strategy, help compile the necessary documentation, and provide evidence of accomplishment.
- Package assembly. Immigration attorneys thoroughly evaluate the extensive documentation needed to start the immigration petition filing. They provide detailed explanations for filing your I-140 petition via standard or premium processing.
- Adjustment of status. Immigration lawyers file the I-485 form for adjustment of status for a Green Card application.
- Green Card approval. After case approval, successful foreign nationals obtain their EB-1 Green Cards by mail. Legal representation in immigration with an EB1 Visa attorney can boost the success rate of priority workers in gaining permanent residency.
What is the EB1 Visa lawyer cost?
The typical EB1 Visa lawyer cost varies from $5,000 to $15,000, and in some cases, well over $20,000. The fees vary for each category and stage of application, with the EB-1A (Extraordinary Ability) often having the highest costs because it requires extensive documentation, significantly high remuneration, internationally recognized prizes, or comparable evidence.
Other costs to consider include:
- $2,805 for optional premium processing of Form I-140, which can expedite the immigrant petition with the USCIS to 15 business days (or 45 days for EB-1C)
- Biometrics ($85), medical exam fees, interviews, and translating documents
- Sponsoring additional family members
How Can Global Citizen Solutions Help You?
Global Citizen Solutions is a boutique migration consultancy firm with years of experience delivering bespoke residence and citizenship by investment solutions for international families. With offices worldwide and an experienced, hands-on team, we have helped hundreds of clients worldwide acquire citizenship, residence visas, or homes while diversifying their portfolios with robust investments.
We guide you from start to finish, taking you beyond your citizenship or residency by investment application.
