EB-1 visas are first preference employment-based visas that only apply to individuals with “extraordinary ability” in a particular industry or profession. Those who qualify for an EB-1 may have fewer difficulties with quota limitations but may find greater trouble with the application process itself because of the intricacies involved in demonstrating their qualifications.
Therefore, if you qualify for this type of immigration status, you should speak with a skilled San Diego EB-1 visa lawyer who could assist with the application and interview process. The attorneys at Hacking Immigration Law, LLC could work through any legal obstacles that may arise and help you start this new chapter in your life.
While most applicants seeking an employment-based visa must have their employer file an Immigrant Petition for Alien Worker form with U.S. Citizenship and Immigration Services, certain applicants for an EB-1 visa are considered so desirable by the U.S. government that these individuals are eligible to file their own applications and they do not need to have an employer or a job offer. Still, many applicants in this category begin the process by having their employer or prospective employer file a petition on their behalf. There are three different types of workers eligible for a first preference, EB-1 visa. These are:
The requirements differ somewhat for each of these sub-categories. Examination of EB-1 visa applications is strict because these visas convey benefits that others do not. For instance, those with an EB-1 visa may obtain permanent residency status more quickly than those with other visa types.
To be eligible for an EB-1 visa based on extraordinary ability, an applicant must have demonstrated and documented ability in the arts, sciences, education, business or athletics. They must show evidence of "sustained national or international acclaim and recognition" in their area of expertise.
Although there are no hard and fast rules for demonstrating their achievement, in the past, applicants have been granted EB-1-1 visas by showing that they fulfill a number of criteria such as receiving a national or international award for excellence, commanding a high salary, achieving commercial success, judging others in the field of expertise, making contributions of major significance in their field of study, or performing in a critical role in important organizations. Applicants in this sub-category do not need an employer and may file an immigration petition on their own behalf. A San Diego lawyer could help someone with “extraordinary ability” file their application for a EB-1 visa.
In the second subcategory are outstanding professors and researchers who have at least three years of teaching or researching experience and earned international recognition. Those applying as outstanding professors and researchers must be pursuing tenure or a comparable research position at an institute of higher education such as a university. To apply for this type of visa, these individuals must have a job offer from a prospective employer who must file the immigrant petition on the immigrant's behalf. A San Diego attorney could help a professor or researcher work through the proper channels to obtain their EB-1 visa.
The final category of EB-1 visa applicants involves managers and executives employed by an overseas branch, subsidiary, parent or affiliate of a U.S. company. To be eligible for this type of visa, the applicant must have worked in an executive or managerial capacity, must be coming to work in a similar capacity, and must have worked for the employer for at least one of the preceding three years.
As with the professors and researchers, applicants in this sub-category need to have their employer file the immigrant petition on their behalf.
Visa requirements frequently change and can be difficult to interpret and fulfill. For that reason, it is recommended that those applying for a first preference employment visa consult a knowledgeable San Diego EB-1 visa lawyer to ensure that application procedures are followed properly. For help with your application, schedule a consultation with a lawyer at Hacking Immigration Law, LLC.