Obtaining an EB-1 immigrant visa can be a life-changing opportunity for individuals with extraordinary abilities, outstanding achievements, or with a background as a multinational executive or manager role 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 application, it is highly recommended to hire an experienced EB-1 Visa lawyer.
In this article, we will explore the significance of the EB-1 Green Card, the benefits of hiring an experienced immigration lawyer, and how they can guide you through the application.
What is the EB-1 Visa
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 in the US. Let’s briefly look at each type of EB-1 Visa:
EB-1A: Extraordinary Ability
The EB-1A Visa is for individuals who have achieved extraordinary recognition in their field, evidenced by sustained national or international acclaim. It requires presenting substantial evidence of extraordinary ability and contributions.
EB-1B: Outstanding Professors and Researchers
EB-1B is 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 achievements and contributions to the field.
EB-1C: Multinational Executives and Managers
EB-1C is 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.
In any of these categories, you will have to present evidence of extraordinary ability and great achievement in your field of endeavor and sustained national or international acclaim. 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.
The Benefits of Hiring an EB-1 Visa Lawyer
Increased chances of a successful application
An EB-1 Visa lawyer specializes in handling EB-1 cases and knows what it takes to present a compelling application that meets the United States Citizenship and Immigration Services (USCIS) requirements. Their expertise and experience can significantly enhance your chances of approval.
Avoiding common mistakes and pitfalls
Immigration laws and regulations are complex, and mistakes in the process of application can lead to delays or denials. A visa attorney ensures that your application is error-free and fully compliant with USCIS guidelines.
Navigating potential challenges and denials
If your application faces challenges or receives a Request for Evidence (RFE) from USCIS, an EB-1 Visa lawyer will skillfully respond to address any concerns and bolster your case.
Time and stress-saving advantages
The visa process can be time-consuming and stressful. Hiring a lawyer allows you to focus on your professional endeavors and personal life while they handle the legal complexities on your behalf.
How an EB-1 Visa lawyer can assist throughout the process
A visa attorney will guide you through every step of the application, providing valuable advice, reviewing documents, and representing you during the USCIS process.
Choosing the Right EB-1 Visa Lawyer
Factors to consider when selecting an immigration lawyer
Review the lawyer’s experience, specialization in EB-1 Visas, and success rate in handling similar cases.
Seeking recommendations and reading client reviews
Ask for recommendations from trusted sources and read client reviews to gauge their professionalism and satisfaction with the lawyer’s services.
Initial consultation and fee structure
Arrange an initial consultation to discuss your case and understand the lawyer’s fee structure and payment terms.
Common Challenges and How Lawyers Can Help
An experienced EB-1 Visa lawyer 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 that they need you to send additional proof before they can proceed with your application or petition. An specialized lawyer will know how to skillfully respond to the request and provide additional evidence to strengthen your case. 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 potential language and cultural barriers
For individuals whose native language is not English, communicating effectively during the application process is vital. A specialized visa lawyer can assist in providing accurate translations and clarifications to overcome potential language barriers.
Handling family-related issues during the immigration process
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.
How Global Citizen Solutions EB-1 Lawyers Can Help
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. Our multilingual team has extensive experience in US Visas and a track record of successful applications. We guide 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 transparent pricing covers all the processes from start to finish, with no hidden costs.
- 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 visa. 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
What is an EB-1 Visa lawyer?
An Eb-1 lawyer is an attorney specializing in immigration law with expertise in handling EB-1 cases. They assist foreign nationals who are priority workers with extraordinary ability or outstanding achievement in their field of endeavor in navigating the complex application process and obtaining permanent residency status (green cards) in the United States.
Do I need to hire an EB-1 Visa lawyer?
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 United States Citizenship and Immigration Services (USCIS). A specialized lawyer can significantly increase your chances of a successful application.
What should I look for when choosing a lawyer?
When choosing a visa lawyer, consider the following factors:
- Experience and specialization in EB-1 Green Card cases
- Track record of success in handling similar cases
- Client testimonials and recommendations
- Communication style and accessibility
- Fee structure and payment terms
How can an EB-1 Visa Lawyer help me determine if I qualify for the visa?
An experienced immigration lawyer can assess your background, achievements, and qualifications to determine if you meet the eligibility criteria for this immigration visa category. They will evaluate your unique case and advise you on the most suitable visa option based on your qualifications.
They can also help with the application, when you must demonstrate extraordinary ability and outstanding achievements in your field of endeavor and sustained national or international acclaim. You will have to do that by presenting evidence of employment in a leading or critical role in executive capacity, being awarded nationally or internationally recognized prizes or awards, authoring articles in major trade publications or scientific papers, etc.
How much does it typically cost to hire an specialized lawyer, and are there any additional government fees?
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.
What are the common challenges or issues applicants face during the EB-1 Visa process, and how can a lawyer overcome them?
Common challenges during the visa process include meeting the stringent evidence requirements, responding to Requests for Evidence (RFEs), handling potential language or cultural barriers, and addressing family-related issues. A visa attorney can provide expert guidance and solutions to overcome these challenges effectively.
Can a lawyer help me if my case receives a Request for Evidence (RFE) or a denial?
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 approval upon resubmission. Their expertise is invaluable in navigating such critical stages of the application.
The EB-1 Green Card is an employment-based visa that grants permanent residency in the United States for foreign nationals 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 and the O-1 Visa.
What is the evidence necessary for applying to the EB-1A?
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 be able to provide that you have submitted evidence in at least three of the following evidentiary categories below or provide evidence of a one-time achievement such as an Olympic Medal or a major internationally recognized award such as an Oscar or Pullitzer. No offer of employment or labor certification is required.
- 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
Who is eligible for the EB-1B?
The EB-1B category is designed for outstanding professors and researchers. To qualify, you must demonstrate international recognition for your outstanding achievements in a particular academic field. 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 require their members to demonstrate 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 field
- Original scientific or scholarly research contributions in the field
- Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
What are the requirements for the EB-1C Visa?
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 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.