The EB-1 visa provides an unparalleled opportunity to the world’s best and brightest talent. If you are a foreign professional operating at the upper echelons of your field and you wish to live and work in the United States on a permanent basis, the EB-1 Green Card may be right for you. To learn more about how our team of Los Angeles EB-1 visa lawyers can help, consider connecting with us today at (626) 261-0402.
What Is the EB-1 Visa?
The EB-1 visa is an immigrant visa that is part of the employment-based visa category. United States immigration law has established five preference levels for employment-based visas, and the EB-1 represents the first preference category. Since these are immigrant visas, individuals with this visa are considered permanent residents of the United States.
Our team of experienced Los Angeles EB-1 Green Card lawyers has worked with individuals and their employers to secure the following types of EB-1 visas:
- EB-1A: Persons with extraordinary ability in their field. The EB-1A visa is designed for professionals in the sciences, arts, business, or athletics who have risen to the top of their field. This is evidenced through demonstrated, sustained national or international acclaim and overall prominence in their respective field.
- EB-1B: Outstanding researchers and/or professors. This type of visa is reserved for experts who have reached international recognition for their work. Individuals who wish to pursue the EB-1B visa must have at least three years of teaching or research experience in their area of expertise and must be seeking a tenure or tenure-track role at an American company or institution.
- EB-1C: Specific multinational managers or executives. These visas are allocated to individuals who have been employed in a managerial or executive position at a company abroad that has an affiliation with a U.S. company. On this visa, the person must intend to enter the United States to continue working in their managerial or executive capacity at the same company or a closely related one.
All of the EB-1 visas are highly regarded and desirable, largely due to their prestige and their faster processing times in comparison to other immigrant visa categories. There is an annual limit on the number of EB-1 Green Cards that can be granted every year. Each year, 140,000 employment-based Green Cards are made available. EB-1 visas make up roughly 28% of these Green Cards, translating to a total of 40,000 EB-1 visas for eligible workers annually.
What Are the Requirements for an EB-1 Visa?
Given the overall prestige of these visas, there are strict eligibility requirements that a person must meet in order to qualify. These requirements vary from visa to visa. For the EB-1A visa, for example, a person must demonstrate that they have won an award of international importance or prove that they meet other criteria, including:
- Receipt of a lesser-known prize
- Membership in reputable organizations
- Publication of articles discussing their work in major news sources
- Peer review
- Evidence of original contributions to the field
- Publication of articles in major venues
- Display of artistic work in galleries, museums, trade fairs, or a similar outlet
- Acting in a critical or leading role for prominent institutions
- Remuneration of a salary that is comparatively higher than other workers
- Commercial success in the arts
The requirements for the EB-1B visa are similar. For this category, a person must demonstrate their esteem as a professor or researcher by providing evidence that they have received a prize, gained membership in a reputable organization, participated as a judge of others’ work, or contributed original work/ideas in their field. Evidence that they have authored scholarly articles or have had their work detailed in news sources is also proof of esteem.
For the EB-1C Green Card, the requirements are much more straightforward. A person must have worked as a manager or executive for at least one year in the three years preceding their application. Their U.S. employer, on the other hand, must have been in business for at least one year, have a relationship with the worker’s company abroad, and intend to employ the worker in a managerial or executive role.
It is also important to note that a Permanent Labor Certification is not required for any of these Green Cards. Your Los Angeles EB-1 visa lawyer can provide greater detail on the requirements of this Green Card and work with you to compile all necessary evidence to prove your eligibility.
What Are the Benefits of the EB-1 Visa?
There are numerous benefits of this visa category that make it an appealing option for many venerated professionals around the world. Some of the most notable advantages of the EB-1 Green Card include:
- No need for a Permanent Labor Certification, allowing employers to bypass a long and time-consuming process.
- Grants permanent residency in the United States, allowing a person to live and work in the country indefinitely.
- No job offer requirement, providing a valuable opportunity to self-employed workers and entrepreneurs.
- Overall faster processing times compared to other Green Card categories.
- Ability to apply for dependent visas for immediate family members, including a person’s spouse and unmarried children under the age of 21.
- How Long Does An EB-1 Visa Take?
The EB-1 application process timeline varies depending on a range of factors including the type of EB-1 Green Card, application volume, country of origin, and the quality of the application. Nationals of some countries, such as India or China, may face backlogs during the process due to the high volume of applications from these nations. Moreover, the quality of an individual’s application impacts the process greatly. Neglecting to include adequate evidence or failing to complete the necessary forms correctly can delay the process. Therefore, it is important to work with a knowledgeable Los Angeles EB-1 visa lawyer to ensure that your application is properly completed to the standards of the USCIS and State Department.
Hiring an Experienced Los Angeles EB-1 Visa Lawyer to Help You
The EB-1 Green Card is a highly coveted immigrant visa designed to allow individuals at the top of their field to live and work in the United States on a permanent basis. Successfully obtaining this Green Card requires an applicant to submit the strongest case possible, providing extensive evidence of their professional accomplishments. At Diaz Law Firm, we work closely with applicants and their employers to apply for and secure this prestigious visa. To begin strategizing your case with our team of experienced Los Angeles EB-1 Green Card lawyers, consider contacting our office at (626) 261-0402 today.