EB1 immigration is the most prestigious employment-based available Green card. It is the part of the EB-1 set of permanent residency US visas.
Qualification for EB1 immigration
The EB1 immigration is available to all foreign nationals who are outstanding in their fields, extraordinary professors or researchers, and MNC’s executives or managers. Amazing ability is normally proven through showing evidence of “sustained national or international acclaim”.
There are certain criteria’s that each occupational category must fulfil to be eligible for EB1 immigration. There are 10 criteria’s for each category and you must fulfill 3/10 in the category you are assorted.
- For the class of amazing ability, you require to fill out the Form I-140, Petition for Alien Worker.
- For outstanding Professors and Researchers, your employer has to complete the formalities by filling up the Form I-140, Petition for Alien Worker.
- For MNC’s Executive or Manager, your employer must file USCIS Form I-140, Petition for Alien Worker.
The first process of EB-1 is filing an I-140 petition with the USCIS. The processing time depends upon,
- The service center caseload
- The origin of your country
- The complexity of the case
Normally, it takes six months to process if all your papers are accurately filled and processed.
EB-1 visas that are allowed to receive premium processing services include extraordinary ability and the outstanding professors and researchers visa. MNC’s executives and managers are not liable for premium processing.
Benefits of EB1 immigration
- No Job Offer Required: You don’t require to have a job offer if you have an EB-1 Extraordinary Ability visa. You require to submit evidence that you are going to work in the US in the area of your expertise.
- Saves Time: PERM process is a lengthy process in the US and for EB1, the process is quick and straightforward because the PERM process is not required.
- Concurrent filing: The petition may be filed simultaneously with a permanent residence application if the EB1 priority date is current.
- Early work authorization: If you file for permanent residence simultaneously, USCIS can authorize your spouse and/or children under age 21 to start working in the country.
EB-1 Immigration Filing Fees
The required USCIS filing fees involved with getting an EB-1 visa:I-140 basic filing fee: $700 – EB-1 cost is your employer’s responsibility, I-485 filing fee: This fee varies based on your age and refugee status, I-485 is free for refugees, The biometrics fee is $85 if applicable.
Status of EB1 Immigration
Rejection or Denial
In the case of rejection, you can refurbish your application, documents in order or meet the fee criteria, if any is missed and can go for reapplying.
In case of denial, you require to discuss with EB1 attorney about filing a legal motion or through the appeal process to enable the processing smoothly.
If you find that there was some document placed issue, you can take aid from your attorney for the Motion to reopen.
If your evaluating officer was wrong in the evaluating process, then you can go for reconsideration from a legal standpoint. It is always advisable to appoint an experienced EB1 immigration lawyer
How EB1 Immigration Lawyer can help you
- An EB1 immigration lawyer is knowledgeable and can easily identify which criteria you fit in.
- They will assist you in the documentation process and advise suitably for fast and authentic processing
- If the EB1 immigrants wish to bring their family along, they can pacify the documentation.
Trust EB1 Attorney for EB1 immigration
The EB1 applications are one of the most difficult visas to obtain. The application process is daunting and lengthy therefore, you are always recommended to hire an experienced EB1 attorney. They will scrutinize your details closely and will aid to obtain after fulfilling all the required determinants. It is always better to appoint EB1 Attorney to help you out with the formalities.