Obtaining an EB-1 immigrant visa can be a life-changing opportunity for a foreign national with exceptional ability, outstanding achievement, or with a background as a multinational executive or manager role to get a green card to live and work in the United States. However, navigating the visa application process can be complex and daunting.
To ensure a smooth and successful EB1 employment based immigration application, it is highly recommended to hire an experienced EB-1 Green Card attorney.
In this article, we will explore:
- The significance of the EB-1 Green Card
- The benefits of hiring an experienced employment based immigration lawyer
- How they can guide you through the EB1 Green Card application process
EB-1 Visa: An Overview
The EB-1 Visa category, also known as the EB-1 Green Card, is designed for foreign nationals who possess extraordinary abilities in their field, outstanding professors and researchers, and multinational executives and managers, granting them permanent residency (a green card) in the US without needing PERM labor certification. Let’s briefly look at each type of EB-1 Visa:
EB-1A: Extraordinary Ability
The EB-1A Visa is for individuals who have extraordinary ability in their field (for example, by winning a major international award such as a Nobel Prize), evidenced by sustained national or international acclaim. The EB-1A: Extraordinary Ability requires presenting substantial evidence of extraordinary ability and contributions.
For the EB-1A category, foreign nationals must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
You must submit evidence in at least three of the following evidentiary categories to prove extraordinary ability:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Membership in associations in the field which demand outstanding achievement of their members
- Published material about you in professional or major trade publications or other major media
- Having been asked to judge the work of others, either individually or on a panel
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Authorship of scholarly articles in professional or major trade publications or other major media
- Your work has been displayed at artistic exhibitions or showcases
- Performance in a leading or critical role in distinguished organizations
- That you command a high salary or other significantly high remuneration in relation to others in the field
- Commercial successes in the performing arts
Alternatively, provide evidence of a one-time achievement such as an Olympic Medal or a major internationally recognized award such as a Nobel Prize, Oscar, or Pulitzer. No offer of employment or labor certification is required for the EB-1A: Extraordinary Ability.
EB-1B: Outstanding Professors and Researchers
EB-1B is an employment based immigration visa for outstanding professors and researchers who have demonstrated international recognition for their exceptional work in a specific academic field. It requires employer sponsorship and presenting evidence of outstanding achievement and contributions to the field. An applicant for this category must be entering the US to pursue tenure, a tenure track position, or a comparable research position at a university, institution of higher education, or private employer.
To qualify, you must demonstrate international recognition for your outstanding achievements in a particular academic area. You must have at least three years of experience in teaching or research and have a job offer of a permanent teaching or research position with an appropriate institution of higher learning or research institution.
You must present evidence of at least two items in the list below (or comparable evidence) and an offer of employment from the prospective US employer.
- Receipt of major prizes or awards for outstanding achievement
- Membership in associations that demand outstanding achievement
- Published material in professional publications written by others about the noncitizen’s work in the academic field
- Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic area
- Original scientific or scholarly research contributions in the field
- Authorship of scholarly books, major trade publications, or articles (in scholarly journals with international circulation) in the field
EB-1C: Multinational Executives and Managers
EB-1C is an employment based immigration visa for multinational executives and managers transferring to the United States within the same company or a qualifying subsidiary or affiliate. It requires proof of qualifying employment and the executive or managerial role.
The EB-1C category of this visa is for multinational managers or executives who have been employed for at least one of the three preceding years by the same multinational firm or corporation.
To qualify, you must be coming to the United States to continue working for that employer in a managerial or executive capacity.
In any of these categories, you will have to present evidence of exceptional ability and great achievement in your field of endeavor and sustained national or international acclaim and provide evidence such as:
- Documentation of your employment history with the multinational firm or corporation
- Evidence of your executive or managerial capacity
- Description of the duties you will perform in the United States
- Proof of the multinational company’s qualifying relationship
It is important to note that the US employer also needs to meet certain requirements, such as:
- The employing company must have a qualifying relationship with a foreign company (parent, subsidiary, affiliate, etc.)
- The employing company must conduct business in the United States and in one other country. The business may be done directly or through a subsidiary.
- The company must exist for at least one year in the United States.
You can do that by demonstrating employment in a leading or critical role, being awarded nationally or internationally recognized prizes or awards, authoring articles in major trade publications or scientific papers, etc.
To learn everything about the EB-1 Green Card, check our article EB-1 Green Card US: The Ultimate Guide by Experts.
EB-1 Visa Attorney Benefits
1. Increased chances of a successful application
A lawyer who specializes in handling EB-1 Green Card cases knows what it takes to present a compelling application that meets the United States Citizenship and Immigration Services (USCIS) requirements.
The expertise and experience of immigration attorneys can significantly enhance your chances of approval.
2. Avoiding common EB1 Visa mistakes
Immigration law is complex, with numerous regulations, and mistakes in the application process can lead to delays or denials. An EB1 visa attorney specializes in immigration law, which is advantageous in ensuring that your application is error-free and fully compliant with USCIS guidelines.
One of the most common mistakes made during the EB1 Green Card application process is not having the required evidence to justify an application. Whether it be providing evidence of extraordinary ability, publishing in a major trade publication, displaying outstanding achievement, or being a member of associations that demand outstanding achievement, providing evidence is crucial for a successful application.
Immigration attorneys will ensure that everything is in order before submitting the application, increasing your chances of obtaining an EB1 visa and avoiding common mistakes.
3. Navigating potential challenges and denials
If your application faces challenges or receives a Request for Evidence (RFE) from USCIS, your EB1 lawyer will respond to address any concerns and bolster your case.
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.
4. Save time and reduce stress
The EB1 visa process can be time-consuming and stressful. Hiring an immigration attorney allows you to focus on your professional endeavors and personal life while they handle the legal complexities on your behalf.
However, you remain responsible for the evidence to back up your EB1 visa application. Depending on the EB1 visa category you fall under, your immigration lawyer will require various documents, including evidence of extraordinary ability, various published material, business contributions etc.
5. Expert guidance and representation
An EB1 visa lawyer will guide you through every step of the application, providing valuable advice, reviewing documents, and representing you during the USCIS process whether you need to organize consular processing or adjustment of status and premium processing.
Choosing the Right EB1 Visa Lawyer
Track record
Finding the right immigration attorney for your needs is vital to application success. It’s important to review the lawyer’s experience, specialization in EB-1 Green Cards, and success rate in handling similar 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.
Recommendations and client reviews
Ask for recommendations from trusted sources and read client reviews to gauge their professionalism and satisfaction with the lawyer’s services. Online reviews can be extremely helpful to gain an honest representation of whether immigration attorneys have the correct skills and expertise to assist in your EB1 visa application.
Communication Skills
The EB1 visa application process is time consuming; you should try to find an immigration lawyer that has the capacity to communicate the requirements fully and is on hand to answer questions clearly and promptly.
Initial consultation and fee structure
Arrange an initial consultation to discuss your case. This is your opportunity to evaluate whether the EB1 visa lawyer is the right fit for your specific needs. Take note of the recommendations provided to ensure you understand what your responsibilities are in the application process.
The initial consultation is also the time to understand the lawyer’s fee structure and payment terms.
How Lawyers Help with Common Challenges
An experienced EB-1 Visa attorney will assist you in addressing RFEs, handling visa interview complications, overcoming language or cultural barriers, and navigating family-related issues that may arise during the immigration process.
- Addressing Requests for Evidence (RFEs): Receiving a Request for Evidence (RFE) from USCIS means that they need additional proof before they can proceed with your application or petition. A specialized lawyer will know how to skillfully respond to the request and provide additional evidence to strengthen your case for an EB1 visa. They will work with you to address any USCIS concerns and increase the likelihood of approval.
- Dealing with visa interview complications: If required, attending a visa interview can be nerve-wracking. A visa attorney can prepare you for the interview, ensuring you are well-informed and confident in answering questions about your qualifications and achievements.
- Overcoming language and cultural barriers: If you are a foreign national whose native language is not English, communicating effectively during the application process can be challenging. A specialized visa attorney can assist in providing accurate translations and clarifications to overcome potential language barriers.
- Handling family-related issues: The immigration visa process may involve family members, and a specialized lawyer can help address any family-related matters and ensure that the immigration process is streamlined for all involved parties.
EB1 Visa Attorney Fees
EB1 visa attorney fees can vary greatly depending on a variety of factors, including, the scope of services: This refers to the amount of work the EB1 lawyer is required to do to ensure a successful application. For instance, if you simply need assistance with the documents needed for an EB-1A (Extraordinary Ability) visa, this would be completely different for an EB-1A (Extraordinary Ability) visa process that requires consultations, application form filing, document retrieval, and handling of appeal.
Another factor is the complexity of the case. EB1 visa lawyer cost will vary greatly depending on the complexity of the case. If everything is straight forward you may just need a consultation session. However, if you need more assistance with the application the cost will be higher. The average cost for an EB1 visa lawyer is between $5,000-$10,000 but can increase significantly depending on the complexity of the case.
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 EB-1 Visa Lawyer
Do I need an EB-1 Visa attorney?
While hiring an immigration attorney is not a strict requirement, it is highly recommended due to the intricacies of the application process and the importance of presenting a strong case to the USCIS.
An EB1 immigration lawyer can significantly increase your chances of a successful application and gaining permanent resident status (getting a green card).
Can a lawyer help determine if I'm eligible for the EB-1?
An experienced immigration lawyer can assess your background, achievements, and qualifications to determine if you meet the eligibility criteria for this immigration visa category. An EB1 lawyer can help in demonstrating extraordinary ability and outstanding achievements in your field of endeavor and continued national or international acclaim.
An EB1 attorney will help provide evidence of employment in a leading or critical role in an executive capacity, being awarded nationally or internationally recognized prizes or awards, authoring articles in major trade publications, etc.
What does an EB-1 lawyer cost?
The cost of hiring a visa attorney can vary depending on the lawyer’s experience and the complexity of your case. Typically, lawyers charge a flat fee or an hourly rate for their services. In addition to the legal fees, there are also government filing fees associated with the visa application. Generally an EB1 lawyer costs between $5,000-$10,000 for straightforward cases.
Can a lawyer help with Requests for Evidences or denials?
Yes, an experienced immigration attorney can assist if your case receives an RFE or a denial. They will analyze the USCIS request or denial reasons, gather additional evidence, and craft a strong response to increase your chances of a green card approval upon resubmission.
Their expertise is invaluable in navigating such critical stages of the application, ultimately ensuring that you have the best chance possible to become a permanent resident (a green card holder) in the US.
What is the EB-1 Green Card?
The EB-1 visa is an employment based immigration visa that grants permanent residency (a green card) in the United States for individuals with extraordinary ability and work of major significance in their area of endeavor.
It has three categories: the EB-1A Visa, EB-1B Visa and EB-1C Visa. If you are looking for other employment based immigration options, you may also want to check the EB-2 NIW (National Interest Waiver) and the O-1 Visa.
What is my green card priority date?
Your priority date is the day when USCIS received your Green Card application (Form I-140). The priority date essentially represents your position in a queue for a Green Card, while the cut-off date you can see on the USCIS Visa Bulletin is like the front of the queue.
If your priority date is earlier than the cut-off date, a visa is available and you can move forward with your Green Card application. If not, then you will have to wait until your priority date becomes current.
What are the different EB1 visa categories?
There are three EB1 visa categories. EB-1A: For individuals with extraordinary ability in fields like science, arts, or business. EB-1B: For outstanding professors and researchers. EB-1C: For multinational managers and executives holding a leading or critical role. Each category has specific criteria and evidence requirements to qualify the EB1 visa.
How long does the EB1 visa process take with a lawyer's assistance?
The processing time for an EB1 visa depends on a variety of factors. For example, applying for an EB-1A (extraordinary ability) vs the EB-1C (multinational managers and executives holding a leading or critical role) requires different types of evidence. The EB-1C requires employer participation, which may take longer. EB1 visa processing generally takes between 12-18 months, but there is an option for premium processing to expedite the visa in 15 days.
Is it worth the cost to hire an EB1 visa lawyer?
Yes, hiring an EB-1 visa lawyer is often worth the cost. Their expertise can enhance your application’s quality, increase approval chances, and save time by handling complex legal requirements. Their guidance helps avoid costly mistakes and streamline the process, making it a valuable investment for a successful outcome.
Does the USCIS consider salary for the EB1 visa?
While salary is not a direct contributing factor to EB1 visa success, showing a high salary or other significantly high remuneration can help demonstrate the significance of the applicant’s accomplishments. Generally, commanding a high salary or other significantly high remuneration demonstrates the extraordinary ability of the applicant or the significance of the critical role in a US business.
What is the National Interest Waiver?
The National Interest Waiver (NIW) is an immigration process that allows certain foreign nationals to apply for a green card (permanent residency) without needing a labor certification or a specific job offer. However, it falls under the EB2 visa category. To qualify for the EB2 NIW (National Interest Waiver) an applicant must demonstrate that their work is in the national interest of the US and that waiving the labor certification requirement would benefit the country.
