Los Angeles EB-1 Work Visa Lawyer
Who is Eligible for EB-1 Category?
EB-1 is an employment-based, first-preference visa open to those who exhibit extraordinary ability, is an outstanding professor or researcher, or is a multinational executive or manager. Each of these categories is defined as follows:
- Extraordinary Ability: Individuals who qualify demonstrate extraordinary ability in the sciences, arts, education, business, or athletics, and are nationally or internationally recognized. Extensive documentation must be provided as proof of achievements. Offer of employment is not a requisite.
- Outstanding Professor or Researcher: Individuals who qualify are recognized for outstanding achievements in their respective fields, in which they must have at least three years experience of teaching or research. In exchange for permanent residency, they must pursue a tenure or tenure track or comparable research position at an institution of higher education.
- Multinational Manager or Executive: Individuals who qualify have been working outside of the United States in a managerial or executive position for at least one out of the three years preceding the petition. They must continue service for same corporation or firm in the U.S., whether it's with the same employer, an affiliate, or a subsidiary, in order to gain permanent residency.
Applicants for the former two categories must meet a certain number of criteria from an extensive list established by the U.S Citizenship and Immigration Service (USCIS). Our office can provide more details during your consultation with us.
How to Obtain a Work Visa
Tips on getting the EB-1 green card for extraordinary ability, outstanding professors & /researchers or multinational executives or managers.
An individual can get a green card through an employment-based petition, first-preference, if he or she has extraordinary ability, is an outstanding professor/researcher or is a multinational executive/manager.
A. Alien of Extraordinary Ability EB-1A
B. Outstanding Researcher/Processor EB-1B
C. Managers and Executive Transferees EB-1C
A person with extraordinary ability must show he or she has reached the top level in the arts, sciences, education, business or athletics. No offer of employment is needed in the EB-1A category, but it helps to show offers from U.S. employers. An outstanding professor or researcher does need an offer from a prospective employer, usually for a tenure track position. He or she must also show international recognition and have at least three years of experience in the field. As a multinational manager or executive, one has to be employed for the U.S. employer petitioning him or her, and is entering the U.S. to continue working for that employer.
Meeting the Criteria
In order to prove extraordinary ability, one must show a one-time achievement, such as an Oscar, Pulitzer or Olympic Medal. Otherwise, he or she has to meet at least three of the following criteria (two for outstanding professor or researcher):
- Evidence of a lesser prize or award;
- Evidence of membership in associations;
- Evidence of published materials about the applicant;
- Evidence that applicant has judged the work of others;
- Evidence of authorship of articles;
- Evidence of performances in a leading role;
- Evidence of high salary; and,
- Evidence of commercial success.
Immigration most likely will deny an application if you did not submit enough evidence to show extraordinary ability or achievement. It is crucial that an applicant presents as much evidence as available. One cannot assume that the person who will review the application has any idea of who you are, no matter how famous you are in your country or worldwide. Do not expect the officer to even "Google" you; all evidence to show you are reached the top level in your field must be submitted with your application. Although an offer of employment is not needed for aliens of extraordinary ability, it is important to show U.S. employers are interested in hiring you. This will prove to immigration that you are entering the U.S. to continue working in your field.
The Immigration Law Office of Los Angeles can assist you in filing an employment petition in the First Preference (EB-1) Category. The good news is that in this classification one does not have to go through the labor certification process, which can save applicants both time and money. We will work with you and your employer to complete the forms, as well as prepare all the supporting documentation to show the high level of ability needed to obtain this type of green card. Although we cannot guarantee success, we are experienced in preparing applications that prove an individual is at the top of his or her field and therefore should be approved in the EB-1 category.
The USCIS policy memorandum dated December 22, 2010, provides a consistent standard of evaluating EB-1 cases and is a valuable resource for any EB-1 applicant. As listed above, some of the EB-1 categories require certain items from the Federal Regulations to be submitted. We recommend that the applicant focus on submitting evidence related to the categories where they have the most compelling evidence (three for individuals who have an extraordinary ability, and two for individuals who are an outstanding professor or researcher).
It is also important for applicants to know that the USCIS officer reviewing EB-1 cases only has a short period of time to review the application. Because of this, the applicant should make sure to provide a roadmap of the evidence being submitted. Additionally, the evidence should be clearly explained and be well organized.
Applicants also have the option of requesting Premium processing, for an additional fee. The applicant can request Premium processing when the application is first filed or after it has been filed. Premium processing guarantees that the case will be adjudicated in 15 days. However, this does not necessarily mean that the case will be fully decided in 15 days. Within the 15 day period USCIS will provide the petitioner with one of the following:
- an approval notice,
- a denial notice,
- a notice of intent to deny,
- a request for evidence or
- open an investigation for fraud or misrepresentation.
Help for Working Immigrants
Being able to work in the United States is a dream for millions of people. There are, however, specific procedures which must be followed in order for a foreign national to legally immigrate to the United States for work. Under the Immigration and Nationality Act of 1952, a maximum of 140,000 work or employment-based visas every year. Anyone interested in entering the U.S. for the purpose of working here must apply for and obtain a work visa.
Types of Work Visas
There are many different types of work visas that are available to 140,000 qualified applicants who qualify. The government will consider your field of expertise, your qualifications, and the demand or need for such skills in order to determine if you will be eligible for a work visa. Keep in mind that preference for work visas will be shown to individuals in the following categories:
- Priority workers; those individuals who have extraordinary skills and abilities, professors and researchers considered outstanding in their field, and multinational executives.
- Individuals who have exceptional abilities or who hold advanced degrees.
- Skilled workers, professionals in a given field and unskilled workers.
- Special immigrants such as ministers of religion, persons recruited outside the country to serve in the U.S. armed forces, certain relatives of NATO-6 civilian employees and others.
Your prospective employer may have to file a petition on your behalf in order to receive labor certification from the Department of Labor if you fall into the following categories:
- Professional holding advanced degrees
- Person of exceptional ability
- Skilled worker
- Unskilled workers
In cases such as this, your attorney at The Immigration Law Office of Los Angeles, P.C. will work closely with you and your prospective employer to ensure your petition is accurately completed and filed in a timely manner. If you or a loved one wishes to come to the United States on a work visa, we recommend you speak with immigration lawyer Scott McVarish. Mr. McVarish will be able to thoroughly review your specific situation, advise you of the best course of action to take and help you navigate through the process of getting a work visa.
How we can help
Obtaining a green card through an EB-1 visa is difficult and the application has very demanding standards. Our office will provide you with an individualized assessment of your case to determine what employment based category is best for you. Because of our many years of experience with these types of cases, our firm is confident that we can guide you and effectively represent you with filing an approvable EB-1 visa application. When you work with our office, we will maintain constant communication with you and provide you with the care and attention your case deserves.
Helping You Manage the Application Process
Immigration law involves many bureaucratic twists and turns that may make the process confusing for those without legal expertise. The knowledgeable immigration lawyers at the Immigration Law Office of Los Angeles, P.C. can take care of the application process in your stead so you can focus on preparing for your new life in the United States. Contact us today to get started.