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First Preference EB-1

What is EB1 Visa?

The EB-1 is the 1st preference category for United States employment-based immigration. It is intended for priority workers to come and work in the United States, and permanently live in the United States. There are 40,000 visas annually available under this category.


Who may be qualified for EB1 Visa?

There are three groups of people that are eligible for EB1 petition:

  • People with extraordinary ability (EB1-A);

  • Outstanding professor and researchers (EB1-B);

  • Multinational manager or executive (EB1-C).


To further prove their extraordinary ability, EB-1A applicants are required to meet at least three out of ten criteria set by U.S. Citizenship and Immigration Services (USCIS). These criteria are designed to objectively measure the applicant's achievements and status in their field. The ten criteria are:

  1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.

  2. Evidence of membership in associations in the field which demand outstanding achievement of their members.

  3. Evidence of published material about the applicant in professional or major trade publications or other major media.

  4. Evidence that the applicant has judged the work of others, either individually or on a panel.

  5. Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.

  6. Evidence of authorship of scholarly articles in the field, in professional or major trade publications or other major media.

  7. Evidence of the display of the applicant's work at artistic exhibitions or showcases.

  8. Evidence that the applicant has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.

  9. Evidence that the applicant has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.

  10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.


What are the advantages of applying for EB1 Visa?

  • EB1-A visa does not require a job offer: One of the greatest advantages of the EB1-A Visa is that although the eligible individuals must prove that he/she is going to work in the U.S. in his/her area of extraordinary ability, he/she does not need to have a job offer in the United States.

  • Labor Certification is not needed: Unlike other employment-based immigrant visas, the applicants of EB1 Visa are not required to go through the Labor Certification process to show a shortage of U.S. workers in the labor market.

  • Fast process: The U.S. immigration process is notoriously lengthy. Relatively speaking, EB1 Visa can be quick and straightforward because EB1 Visa applicants can avoid the lengthy labor certification application process.

  • Premium processing option is available: When the applicant files his/her application, he/she can elect for premium processing, which will alert you as to whether your case was successful within 15 days.

  • Fewer backlogs for EB1 Visa Category: The Priority Dates for the EB1 category have generally remained current. Even for the applicants who were born in India and China, the Priority Dates are earlier than other employment-based visas.


What is the EB1 Visa Processing Time?

Generally, the USCIS will take 9.5 months to 12.5 months to process your application. This time range is how long it is taking USCIS to process your case from the date they received it. Nonetheless, because premium processing is available for EB1 Visa, the applicants can typically receive USCIS’s decision on his/her case within 15 days. Additionally, if the priority date for applicant’s country is current and the applicant is physically present in the United States in lawful status at the time of filing of his/her main application, the applicant is also able to file his/her Application for Adjustment to Permanent Resident Status along with the work permit application and travel permit application. Therefore, the applicant can have the authorization to work in the U.S. and travel even before the approval.


What are the application fees? (subject to change)

  • Form I-140 Filing Fees: $700

  • Form I-485 Adjustment of Status including Form I-131 Application for Travel Document and I-765 Application for Employment Authorization: $1,225 per person greater than 14 years old; $750 per person under 14 years old

  • Expert Opinion Letter: Approximate $600-$900

  • Academic Evaluation: Approximate $ 300-500

  • Translation: Approximate $500-$800

  • Medical Exam: Approximate $450-$800


What is the Priority Date?

Generally speaking, EB1 Visa applicants cannot file his/her Application for Adjustment of Status (if he/she lived in the U.S.) or Application for Consular Processing (if he/she lived outside the U.S.) until his/her priority date becomes current. For EB1 Visa applicants, the priority date is the date an immigration petition is received by USCIS. The priority date is not established until USCIS approves the immigration petition.


What services will AllBelief Law Firm provide?

  • We will provide you with a completed document list for all of the documentation needed for EB-1 Petition.

  • We will help you prepare and organize the documentation.

  • We will provide clear answers to any questions you may have for your petition.

  • We will help you edit your current Resume.

  • We will help you sort out the documents need to be translated.

  • We will help guide you to complete Academic Evaluation and Expert Opinion Letter drafting.

  • We will create a questionnaire for you to send to your supporting person to gather facts for the Supporting Letters.

  • We will draft 3 Supporting Letters for your petition.

  • We will draft a professional plan tailored exclusively for your proposed work.

  • We will analyze your credentials and contributions in your field, prepare a legal argument, emphasize your expertise, and draft a Petition Letter.

  • We will complete and file Form I-140, and any other forms and services you purchased.

  • We will help you respond to USCIS questions and prepare you for your in-person green card interview.

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