Patricia Casaburi
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, multinational executives and managers, or outstanding professors and researchers.
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 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.
But, because of a complex application process and extensive documentation, a vast majority of applicants choose to invest in legal services. Immigration lawyers can prepare your case and make sure each applicant satisfies the eligibility criteria. In this article, you can find the best path for a successful application and the documents you need.
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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.
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.
EB-1A (extraordinary ability)
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:
- 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.
- Show major media evidence.
- Proof that your work was presented at artistic exhibitions.
- Provide extensive documentation or success stories that indicate national or international acclaim.
EB-1B (outstanding professors and researchers)
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.
EB-1C (multinational managers or executives)
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 multinational executives 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.
A law firm ensures foreign nationals fit the specific criteria for employment-based immigration. Lawyers and EB1 Visa attorneys provide detailed explanations on how to get a green card. They may also suggest other visa options based on your expertise and significant awards.
How can an EB1 Visa lawyer help you?
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.
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 experience, or outstanding achievements.
Petition preparation
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
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.
Check out our EB-1 Visa Ultimate Guide
EB-1 Visa Timeline
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.
For Form I-140, you can pay an extra $2,805 for premium processing, which can expedite the immigrant petition with the USCIS to 15 business days (or 45 days for EB-1C). You should also take into account other costs, such as medical exam fees, biometrics, interviews, and translating documents.
The EB-1 A, extraordinary ability visa, often costs more because it requires extensive documentation, significantly high remuneration, internationally recognized prizes, or comparable evidence. Immigration attorneys thoroughly research your case before you apply for permanent residency. If you plan to sponsor family members, the application process can include additional costs for each applicant.
Why work with Global Citizen Solutions?
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. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides 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 team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
- Our transparent pricing covers all the processes from opening your bank account, document certification, and legal due diligence to investment and submission. As there is one fee for the entire process, you can be confident that you will not face any hidden costs later.
- 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 passport. 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 EB1 Visa Lawyer
What does an EB1 Visa lawyer do?
EB-1 Visa attorneys work with clients who want to get a Green Card through employment-based immigration. This visa is specifically designed for people with outstanding professors or researchers, extraordinary abilities, or multinational executives. Attorneys handle the stress of filling out papers and organizing everything, from application forms like Form I-140, to attending your interviews.
Do I need a lawyer for an EB1 Visa?
It’s not mandatory to hire an immigration lawyer or attorney for the EB-1 Visa, but it can be useful. USCIS (US Citizenship and Immigration Services) constantly updates the employment-based immigration policies. Immigration lawyers keep up with the latest trends and tailor their immigration services to your needs.
How do I choose the best EB1 Visa lawyer?
The best EB1 immigration lawyer has an excellent reputation, reasonable pricing, and a very high immigration case success rate. They have plenty of positive reviews and ongoing work in the field, especially for EB-1 Green Card cases. Experienced immigration lawyers are well-versed in all employment-based preference categories.
What qualifications should I look for in an EB1 Visa attorney?
Focus on their experience with EB-1 Visa cases. For example, look to see if the lawyer has worked with EB-1A (Extraordinary Ability), EB-1B (Outstanding Professors and Researchers), or EB-1C (Multinational Executives and Managers) visas to evaluate if it’s the right fit for your case.
Can an EB1 Visa lawyer increase my chances of approval?
Yes, the lawyer can help you build a strong case and convince the US government authorities that you are eligible for an immigrant visa. They can save time by handling complex legal requirements and avoiding costly mistakes by proving you meet the criteria for sustained national or international acclaim, scholarly research contributions, or other significantly high remuneration.
What documents will an EB1 Visa lawyer help me prepare?
EB1 Visa lawyer can help foreign nationals collect all sorts of documents, like letters of recommendation, published articles, awards, patents, proof of leading or critical role, evidence of high salary, distinguished organizations evidence, and more. They will prepare your Form I-140 petition and convince the USCIS of your extraordinary or exceptional ability.
What is the average cost of an EB1 Visa lawyer?
The EB-1 visa lawyer fees vary based on factors like work experience, type of EB-1 visa application (i.e., EB-1A, EB-1B, EB-1C). Cases with standard processing have lower EB-1 application costs, while premium processing comes at higher prices. You can pay anywhere from $5,000 to $15,000 or more for the employment-based immigration process.
What are red flags to watch out for when hiring an EB1 Visa lawyer?
Watch out for these red flags when picking out a lawyer:
- They immediately accept your case without asking for details.
- They tell you the process will go faster if you hire them.
- They lure you in with cheap deals and vague fees.
- They don’t answer your questions in a timely manner.
Can I apply for an EB1 Visa without a lawyer?
Yes, you don’t need a lawyer to apply for EB-1 Visa. You or your employer can file Form I-140. But legal counsel can be invaluable because it is difficult to collect compelling evidence that meets all eligibility criteria set by the USCIS, especially if they demand outstanding achievement, major trade publications, or national or international recognition.
What success rate do experienced EB1 lawyers typically have?
Experienced lawyers have about 80 to 95 percent success rates for EB-1 petitions. But these can vary based on the EB-1 subcategory, like EB-1A, EB-1B, or EB-1C. The USCIS (US Citizenship and Immigration Services) has very high standards. Denial rates for EB-1A went up 30 percent in 2023, 25 percent higher than the previous year.
Is it worth paying more for a top-tier EB1 Visa attorney?
Yes, if you can afford it. Having an EB1 lawyer to communicate with the USCIS can greatly improve your chances of a successful EB1 Green Card application, as they know what to look for, what questions to ask, and the specific documentation required at each stage of the EB1 Visa process. It’s important to compare different investment green card options to find the right one.
What are the benefits of hiring an EB1 Visa lawyer?
The benefits of hiring an EB-1 Visa attorney include better chances of a successful application process and avoiding common mistakes. They can save you time when you need to provide evidence like a federal income tax return, scholarly articles, a leading or critical role, or any other evidence you need. Immigration attorneys can offer legal counsel to reduce denials.
How do I compare EB1 Visa lawyer costs and services?
Every EB1 lawyer or attorney has different services and costs. To determine which fee structure works for you, compare the lawyer’s experience, ability to communicate, and EB-1 Visa success rate. Immigration lawyers with positive success stories can help you make informed decisions. Choose the EB1 lawyer cost that fits your budget.
How long does EB-1 Visa last?
The EB-1 is not a temporary visa like an H1-B or L-1. It doesn’t have an expiration date. The EB-1 is an immigrant visa, which means you get permanent residency. Once your EB-1 petition (Form I-140) is approved, and you complete the Adjustment of Status (Form I-485) or Consular Processing you get a Green Card, which typically lasts for 10 years. An EB1 Visa consultant can streamline this process and make sure you qualify.
