Frequently Asked Questions
How can you qualify for an EB-1 Visa?
A foreign national may qualify for an EB-1 Extraordinary Skill green card if they can prove extraordinary ability in the sciences, arts, education, business, or athletics by demonstrating that they are at the top of their field and have accrued sustained national or international acclaim.
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What is an EB-1 Visa?
EB-1 is a category that are for foreign nationals who can prove extraordinary ability in the sciences, arts, education, business, or athletics who is in the pinnacle of their area dand are nationally or internationally renown.
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How can I file EB-1?
You or the employer must:
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Review the Form I-140, Petition for a Nonimmigrant Worker, instructions;
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Fill out and sign the Form I-140;
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if necessary, pay the filing fee; and
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Give all necessary justifications and supporting data.
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You can submit Form I-140 on your own behalf if you are applying for an EB-1 visa under the category of remarkable ability, and you might also be qualified to submit Form I-485, Application to Register Permanent Residence or Adjust Status.
What happens after my I-140 is approved?
You will get an I-797 Notification of Action paper receipt notice whenever USCIS approves your I-140 petition. You will initially get this notice in the email if you chose premium processing. This notice usually takes between one and three weeks to arrive.
You will be prepared to begin the "green card" step after the I-140 has been authorized. Your lawyer will petition for either Adjustment of Status if you are in the US or consular processing if you are living abroad during the green card phase.
On rare occasions, a lawyer could decide to submit the I-140 and the green card petition simultaneously. The specifics of your case, its category, and other elements will all play a role in this.
What is the Application Process for the EB-1 Visa?
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EB-1A Extraordinary Ability:
Fill out a Form I-140, Petition for Alien Worker, to submit your application.
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EB-1B Outstanding Professors and Researchers:
A Form I-140, Petition for Alien Worker, must be submitted by your American employer. Your company must be able to prove that it still has the financial resources to pay the promised wage as of the priority date as part of the application process. An annual report, federal income tax return, or an audited financial statement may be used by your employer as proof of their ongoing financial viability.
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EB-1C Multinational Manager or Executive:
Your company in the United States must submit USCIS Form I-140, Petition for Alien Worker. Your company must be able to prove that it still has the financial resources to pay the promised wage as of the priority date as part of the application process. An annual report, federal income tax return, or an audited financial statement may be used by your employer as proof of their ongoing financial viability.