Let our deep legal expertise and technology-enabled processes guide you in your U.S. immigration journey
The EB-1 green card is one of the fastest methods for obtaining U.S. permanent residency among all the employment-based options. It is a primary employment immigration option for numerous foreign workers in the U.S. The EB-1 is the first-preference employment-based green card category. Annually, a total of 140,000 applicants receive green cards under the employment-based rank, and each country is only capable of collecting 7% (9,800) of the 140,000 cap. Our lawyers help to bring numerous EB-1 employment immigrants to the U.S. every year. We make the entire process seamless and quick, schedule a consultation, and unlock the full potential of hiring foreign workers for your business.
Employment Immigration Made Easy
Policy Update- On September 12, 2023 USCIS updated the manual to offer clarifying guidance on examples of evidence that may satisfy the relevant criteria for employment first-based preference applicants, as well as how USCIS officers evaluate the totality of the evidence for eligibility. See the complete details in this EB-1 policy update post.
There are five different employment-based (EB) categories. The first is EB-1 which is classified for individuals that are “priority workers,” granting them first preference in acquiring a green card. The EB-1 priority workers visa has three subcategories which are the EB-1A for workers of extraordinary ability; the EB-1B for outstanding professors and researchers; and the EB-1C for multinational executives and managers. Anyone who qualifies for any of these three EB-1 subcategories is considered a “priority worker
The requirements depend on which type of EB-1 green card you are applying for:
The EB-1 is a highly popular option because it does not require a PERM Labor Certification. The Labor Certification is typically an extensive and costly filing process in order to determine if the requirements of the available position are able to be filled by a U.S. worker. When the Labor Certification is required, the applicant risks being rejected which can constrain the applicant’s time and expenses.
For the EB category, a permanent job offer is not required. This means that the applicant has the ability to apply for the petition on his/her own behalf. However, the OPR and MEM categories do require a permanent job offer. The U.S. employer is the only one who can file the petition for the applicant.
Here’s a brief summary of the application process for each subcategory within the EB-1 visa category:
Individuals may petition for themselves by filing Form I-140, Petition for Alien Worker. The EA category does not require a PERM Labor Certification or a job offer from a U.S. employer which is why it's one of the fastest methods out there.
Must be filed by an employer Form I-140, Petition for Alien Worker. While the OPR category does not require a PERM Labor Certification it does require a permanent job offer from a U.S. employer, unlike the self-petitioned EB-1A cases.
Must be filed by an employer Form I-140, Petition for Alien Worker. It's important to note that the manager or executive must have been employed outside the United States with the related foreign company for 1 year in the preceding 3 years. The employment must have been in a managerial or executive capacity.
The first thing to know about the processing time for EB-1 or for any visa is that there are often several factors that cause it to vary widely. The first is the caseload of the service center that is processing your petition—the busier the center, the longer it will take to process. The second factor is the complexity of your case. If the USCIS issues an RFE or a NOID, it will cause delays in your processing. Thirdly, you will need to factor in your priority date and how long it will take to become current, which varies based on your country of origin.
Fortunately, unlike the other employment-based green cards, you do not have to add the PERM processing time into your overall timeline. For us, the goals of your business are our number one priority – we strive to help your business succeed by bringing your EB-1 foreign workers as soon as possible. Schedule a consultation to discuss your business strategy for hiring international talent.
Your EB-1 green card priority date is the day that the USCIS obtains your I-140. You will need to check the Department of State’s monthly visa bulletin for the latest posted final action dates, which are separated according to the beneficiary’s country of origin. Once the final action date for your country matches or passes your EB-1 priority date, your priority date will be considered current and you can move on to the last phase.
An advantage of obtaining an EB-1 Green Card is that the category is usually always current. This means that the applicant does not have to wait an extended period of time before the application is reviewed and can receive a Department of State (DOS) immigrant visa number. This puts the applicant on a faster track to file an adjustment of status and initialize the green card process.
Our lawyers have extensive experience with obtaining EB-1 visas for foreign workers that are employed by U.S.-based companies. We pride ourselves on outstanding service and exceptional client care. This is what our leading business immigration lawyer Shilpa Malik said about our EB-1 services:
“With the EB-1 visa, individuals with extraordinary abilities in their fields can live and work in the United States on a permanent basis. This visa is an excellent opportunity for companies that want to hire international workers. As your attorney, I will guide you through the application process and work tirelessly to ensure your success. Let us take care of business immigration while you focus on building your business.”
Our recent EB-1 success story involved a business seeking to bring a foreign worker on an EB-1A green card. Several attorneys have turned down the case due to the complexity of the worker’s background, but VisaNation successfully detailed evidence proving the individual had fulfilled more than three of the EB-1A requirements. The USCIS requested extensive evidence and our lawyers spent hours addressing each issue and submitted the response through premium processing to expedite the hiring process. The case was approved, proving that VisaNation rises to meet challenges and provides dedicated professional help even in difficult immigration situations.
Here is a breakdown of the basic mandatory fees you will encounter while pursuing an EB-1 green card:
You should also factor other costs into your EB-1 processes such as traveling costs and attorney fees. You can see our flat rate for employment-based green cards on our fees page.
Just like with any green card or a visa, there are some things that you should look out for:
After all of the time, money, and work put into an EB-1, getting a rejection or denial can be devastating. If you are looking to avoid this scenario or you have already received a rejection or denial notice, then the following information is for you.
Firstly, we need to distinguish between the terms “rejection” and “denial”. In everyday speech, these terms are synonymous. However, in the language of immigration law, they have different meanings.
Each EB-1 petition is adjudicated using a two-pronged approach. In the first phase, an evaluating officer will check to see if:
If your petition does not pass this stage, then it will likely be rejected. Fixing the error or omission and refiling is often the best thing to do in these cases. However, you will be responsible for new fees.
Learn about EB-1A denial reasons and you can also learn about EB-1C denial reasons.
If your petition passes the first stage, then the evaluating officer will review the evidence and assess whether or not you and your employer (if applicable) merit an EB-1 green card. If not, then you may expect to see a denial notice. In these cases, refiling often isn’t the best option. Instead, you may want to talk to your attorney about filing a legal motion or going through the appeals process.
Filing a legal motion is essentially like appealing to the evaluating officer that processed your petition. There are two kinds of motions that can be filed:
Lastly, you can also bring your case to a third party to appeal the decision. In immigration law, that third party will be the Administrative Appeals Office, which has a track record of upholding the decisions of the evaluating officers.
If an evaluating officer is reviewing your case and notices that some extra documentation would bolster your candidacy for an EB-1, he or she may issue a Request for Evidence (RFE). These can range from simple requests for missing documents such as birth certificates or passports to requests for more complicated things such as proof that you work in a managerial capacity for an EB-1C or proof of your achievements for an EB-1A.
If you do get an RFE, the first thing you should do is take it to your attorney so that you can file a satisfactory and timely response. There are three kinds of ways to respond to an RFE for your EB-1 green card: a full response where you give all of the evidence requested, a partial response where you only give some of the evidence requested (either by choice or because the evidence is not available), and a withdrawal of your petition. Our lawyers are experienced with all types of EB-1 scenarios, even the ones that require RFEs. Schedule a consultation and make sure that your EB-1 visa worker’s application is in safe hands.
EB-1 visa is not your only choice of employment immigration to the U.S. There are several other options that are greater alternatives to EB-1:
VisaNation lawyers are knowledgeable in determining which category you best qualify for based on your previous accomplishments and experience. If you are still unsure about whether you would like to obtain an EB-1, L-1A, VisaNation lawyers are capable of assisting you in your decision. Schedule a consultation today to start your employment immigration journey!
