U.S. Citizenship and Immigration Services (USCIS) only makes employment-based immigrant visas available in limited supply each year, so the higher priority your application is, the better chances your chances of acquiring the visa you need to continue your career. The EB-1 visa has first preference over other employment immigration permits. This visa is reserved for individuals with extraordinary ability in certain occupations, qualifying executives and managers in multinational companies, and researchers and professors with outstanding achievements in relevant fields.
Even if you do fit into one of these subcategories, you may have a surprisingly difficult time acquiring your permit without guidance from a well-practiced Oak Brook EB-1 visa lawyer. An employment immigration attorney with experience helping people in this preference category could be the steadfast ally you need to move through application proceedings efficiently and protect your future plans.
How to Apply for an EB-1 Visa
Individuals seeking any kind of employment-based immigrant visa must fill out and submit Form I-140 to begin the application process. However, unlike most EB-2 applicants and all EB-3 applicants, some EB-1 applicants do not need a U.S.-based employer to serve as his or her sponsor, and none of them need labor certification to acquire his or her visa.
Instead, anyone interested in an EB-1 visa can proceed through the entire application process alone. However, if he or she wants, an applicant can also bring his or her spouse or unmarried children younger than 21 with them to the United States under E-14 or E-15 immigrant status.
The application process can become confusing due to classifications and eligibility requirements but a knowledgeable attorney in Oak Brook could provide further guidance about how to obtain an EB-1 visa and fight to protect your rights as an immigrant.
Who Can Apply for an EB-1 Visa?
Various types of working professionals can apply for EB-1 visas, and the process differs depending on an employee’s occupation or classification.
Immigrants with Extraordinary Ability
An individual seeking EB-1 visas based on extraordinary ability in his or her field must demonstrate sustained national or international acclaim for achievements in sciences, arts, education, athletics, or business. Common examples of exemplary achievements include:
- Published material
- Authorship of scholarly articles
- Evidence of leading roles or high income within a field
- Proof of commercial success as an artist
While an applicant with extraordinary ability does not need to have an active employment offer to petition, he or she must demonstrate intent to continue to working in his or her field of expertise upon arriving in the United States.
Professors or Researchers
Meanwhile, outstanding professors and researchers must have a job offer at the time of filing an EB-1 application, specifically for pursuing tenure or some other comparable position as a researcher at a college or university. A high-level educator must also ask his or her employer to serve as a sponsor and file Form I-140. A professor or researcher also needs to collect evidence about his or her credentials and past achievements, such as major awards, participation as a judge of work performed by others in the field, membership in elite organizations, or authorship of scholarly research or published writing.
Corporate Executives or Managers
Finally, multinational executives and corporate managers must also have a relevant job offer from a sponsoring U.S. employer with at least one year of business experience. An executive applicant must also have been employed outside the United States for a minimum of one year out of the previous three before filing his or her EB-1 visa application.
A resourceful lawyer in Oak Brook could help you determine the steps necessary while applying for an EB-1 visa, depending on your unique high-priority occupation.
Contact an Oak Brook EB-1 Visa Lawyer Today
Since USCIS prioritizes EB-1 applicants above all others for employment-based immigrant visas in the United States, membership in this preference category is in high demand and has numerous prerequisite conditions. Demonstrating that you meet these criteria can be uniquely challenging and time-consuming. Continuing to actually apply for and receive your visa can become even more problematic.
Fortunately, assistance from a diligent Oak Brook EB-1 visa lawyer could simplify the application process and help you secure the employment you need. Reach out today to schedule your initial appointment.