EB-1 Visa and Status

One way to obtain a green card, or become a lawful permanent resident here in the United States, is to be categorized as a “priority worker”. This category is reserved for individuals who demonstrate they have superior capabilities. Individuals who are eligible for this category will require an EB-1 visa.

If you are interested in learning whether you qualify for an EB-1 visa or are ready to start the process, contact Tucker, Nong and Associates immediately. Our experienced EB-1 visa lawyers will know exactly how to help you reach your goal.

Workers of Extraordinary Ability EB-1A Subcategory

To meet the criteria of this subcategory, workers must have superior skills in specific fields of study such as athletics,science, or business. Extraordinary ability is defined as having some sort of public recognition that resulted in national or international acclamation such as a significant award, evidence of published material in professional media sources, or major contribution to their field. This criteria demonstrates that a worker is extensively acknowledged as a leader in their particular area of work, study, or research.

Understanding the EB-1B Subcategory

The unique characteristic of this subcategory is that the foreign national worker is not required to have a job offer in the United States to be granted the EB-1 visa. The worker must, however, remain working in the field after arrival. While having a job offer is not a requirement, if a foreign national does have such an offer, the employer can assist filing a petition with the United States Citizenship and Immigration Services (USCIS). Such a petition from an employer gives more credibility to the worker’s qualifications and USCIS seems to approve these at a higher rate than those submitted directly from the worker.

Outstanding Professors and Researchers EB-1C Subcategory

Priority workers in this category have at least three years of teaching or research and international recognition for exceptional ability in a particular field. Additionally, applicants must have an employment offer for a tenured/tenure-track or research position from a U.S. based university (or other higher learning organization) or permanent position with a research organization. Meeting both of these stringent criteria will allow an individual to qualify for permanent residency as a priority worker in this category.

The burden of proof for this subcategory is on both the employer and the foreign national worker. Universities or institutions of higher learning will be able to utilize this visa subcategory. A private research organization may also be determined a qualified employer if they demonstrate a history of noteworthy achievements in research and their staff includes a specific number of full-time researchers.

Multinational Executives and Managers EB-1 Subcategory

The only individuals eligible for an EB-1 visa under this category are executives and managers who have worked for an appropriate corporation in another country for at least one out of the past three years. If the worker is currently here under another type of temporary visa, the requirement had to be met before arrival here in the U.S.

The work done abroad must have been at a level qualified as executive or managerial. The entry to the U.S. must be to continue working for the same company, but a branch, affiliate, or subsidiary that has been in place here in the United States for over a year. This subcategory is further limited by specific qualifications for both foreign and U.S. offices of the employer. The job position must be managerial or executive which is defined based on details such as the level of authority, hiring and firing responsibility, decision-making ability, and responsibility for managing staff or organizational function.

The Filing Process

Filing for an EB-1 visa can be a very complicated process. Mistakes made during the filing process can result in delays or even rejection. It is not wise for individuals to pursue an EB-1 visa without help from an immigration lawyer.

How we can help you

If you are interested in obtaining an EB-1 visa, contact Tucker, Nong and Associates right away. Our highly knowledgeable and experienced EB-1 visa lawyers will be able to help you through every step of the filing process and make sure that you reach your goals. Don’t wait, give us a call or contact us online right away.