EMPLOYMENT-BASED IMMIGRANT VISAS FIRST PREFERENCE
Among all the employment-based visa options, the EB-1 visa is one of the quickest methods for gaining permanent U.S. residency. This visa is granted to aliens with proven national or international acclaim and extraordinary abilities.
If you are someone with an extraordinary ability in the fields of science, arts, education, business, or athletics, you may qualify for permanent residency (“green card”) by self-petitioning, meaning that you do not need an employer in the U.S. to apply if you are planning to continue working in your field. There is also no required PERM process wherein the Department of Labor must be convinced that there are no U.S. workers who could fill the same position.
If you are seeking an EB-1 visa, work with Passage Immigration Law. With offices in Portland, Oregon, Los Angeles, California, and Seattle, Washington, our seasoned immigration attorneys serve clients nationwide and can help you file your petition successfully.
To begin the application process with our EB-1 visa attorney, call our team at (503) 427-8243, or you may schedule a consultation here.
Who is eligible for an EB-1 visa?
The EB-1 visa can be defined in three different categories, each with separate descriptions and requirements: extraordinary ability, outstanding professors and researchers, and multinational manager or executive.
1. Extraordinary Ability (EA)
The law defines a person with “extraordinary ability” as someone within a small percentage who has risen to the very top of their field of endeavor. You will need to show via extensive documentation that you have achieved national or international acclaim, and your accomplishments have been clearly recognized in your field of science, art, education, business, or athletics. Evidence includes national or international awards, your own scholarly publications, media articles about you, your leadership roles, commanding a high salary, serving as a judge of other works, and letters of endorsement from experts in your field, among other things.
2. Outstanding Professor and Researcher (OPR)
If you have at least three years of experience in teaching or research in your academic area and you have received an offer to pursue tenure or tenure track teaching, or for a comparable research position at an institution of higher education, you may apply for permanent residency under EB-1B.
You must also show that you are recognized internationally as outstanding in your academic field through extensive documentation demonstrating major prizes or awards, your original research contribution, authorship of scholarly books or articles, citation of your work by others, serving as a judge of others’ work, and/ or membership of distinguished organizations.
3. Multinational Executives and Managers (MEM)
If you are a manager or executive of a multinational company who has been employed for at least one of the past three years by an overseas affiliate, parent, subsidiary, or branch of a U.S. employer, you may qualify for permanent residency under EB-1C. Your employment at the related foreign company must have been in a managerial or executive capacity, as must your job offer in the U.S. Your employer does not necessarily have to be a large company with multiple international offices, but the U.S. employer must have been actively engaged in doing business for at least one year.
EB-1 green card application process
Here’s a short summary of the application process for each subcategory within the EB-1 visa category:
- Extraordinary Ability: You may petition for yourself by filing Form I-140, Petition for Alien Worker. The EA category does not require a job offer from a U.S. employer or a PERM Labor Certification. That is why it’s one of the quickest methods out there.
- Outstanding Professors and Researchers: Your employer must fill out Form I-140, Petition for Alien Worker. It requires a permanent job offer from a U.S. employer. However, unlike self-petitioned EB-1A cases, the OPR category does not require a PERM Labor Certification.
- Multinational Manager or Executive: Your employer must fill out Form I-140, Petition for Alien Worker. It’s vital to understand that the manager or executive must have been employed outside the U.S. with the related foreign company for at least one year in the preceding three years. The employment must have been in an executive or managerial capacity.
Potential advantages of an EB-1A green card
The EB-1A visa is considered a particularly desirable green card for the following reasons:
PERM Labor Certification is not required: The labor certification usually entails an extensive and costly filing process to determine if the requirements of the available job position can be filled by a U.S. worker. The EB-1 is the best option because it does not require a PERM labor certification. When a labor certification is needed, the applicant risks being rejected, which can drain the applicant’s expenses and time.
A permanent job offer is not required: This shows that the applicant can apply for the petition on their own behalf, while the OPR and MEM categories require a permanent job offer and the U.S. employer is the only one who can file the petition for the applicant.
Current Category: Another benefit of getting an EB-1 green card is that this is usually always current, so the application process is faster. This shows that the applicant wouldn’t wait an extended period of time before the application is evaluated and can get a Department of State (DOS) immigrant visa number.
Consulting EB-1 visa lawyers with experience and expertise in the process is vital when handling such crucial visa matters.
What happens if my EB-1 application is rejected?
If you have already received a rejection or you are looking to avoid a rejection or denial notice, the below information is for you.
If your petition is rejected
First, an evaluating officer will review whether all required information and documents are present with the petition, the information is accurate and consistent, and the fees are properly filed. If your petition does not meet these requirements, it will likely be rejected. Fixing the error is often the best thing to do in these cases. However, you must pay the fees again.
If your petition is denied
In the second phase, an evaluating officer will evaluate the evidence and check whether your employer (if applicable) and you merit an EB-1 green card. If not, then you may expect a denial notice.
In these cases, refiling isn’t the best option. Instead, you should consult with your attorney about filing a legal motion or going through the process of appeal.
How can our EB-1 green card lawyer assist?
Seasoned immigration lawyers at Passage Immigration Law will advise you on and thoroughly examine the supplementary documentation needed for your application to give you the best chance at being granted an EB-1 green card. If you are looking for an attorney experienced in filing in the first preference category of employment-based immigration, contact us today at (503) 427-8243, or you may schedule a consultation with one of our Passage Immigration Law attorneys here.