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Call us today at (818) 238-9444, so that we can answer your questions, provide initial consultation on your immigration matter, assess how we can help you or can point you in the right direction as you take on this important and life-changing pursuit.
Rebecca I. Pathak
Who is Eligible for EB-1 Visas
- “Extraordinary Ability”You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.
- “Outstanding professors and researchers” who has demonstrated international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area.
- “Multinational manager or executive” whohave been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization.
Those qualifying for EB-1 work visas and permanent resident status are not seasonal or temporary workers.
What is the Process to Obtain an EB1 Green Card & Permanent Resident Status?
- You must first receive an offer for permanent full-time employment in the U.S.
- Your employer must receive approved Labor Certification (PERM) from the U.S. Department of Labor confirming that your employer sought U.S. workers for your position but was unable to find U.S. candidates who were willing and qualified
- The alien applicant should file Form I-140 application, Petition for Alien Worker, and also submit required evidence to USCIS. (It is possible to file From I-485 application concurrently with Form I-140 application)
- Upon approval of Form I-140, the alien beneficiary should file Form I-485 application for adjustment of status; an immigrant visa number is always available for EB-1A, and if the alien beneficiary is in U.S. (On the other hand, if the alien beneficiary is outside the United States, the alien could complete the process of status adjustment at a nearest U.S. consulate office.)
- If the From I-485 application is approved by USCIS, the alien
beneficiary is granted U.S. permanent resident status, and will receive a permanent resident card (Green Card) in mail. (If the alien beneficiary went through the immigrant visa process overseas, the alien beneficiary can enter the U.S. and receives an immigrant visa attached to the passport at the U.S. port of entry, to serve as evidence of immigrant status until receiving the Green Card in mail.) See the U.S. Department of State’s Visa Bulletin to get an idea of when you may get your Green Card
Evidence Required for Extraordinary Ability Petition:
EB-1A petitioner should submit evidence to USCIS to establish that the alien beneficiary is “at the top of the field”. The submitted evidence must
include documentation of at least 3 of the following 10 criteria:
- Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation.
- Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
- Documentation of the alien’s membership in
associations in the field for which classification is sought, which
require outstanding achievements of their members, as judged by
recognized national or international experts in their disciplines or
- Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
- Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
- Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media .
- Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases.
- Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
- Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
- Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
The submitted evidence for EB-1A application should meet the following requirements:
- The petition should determine which of the 10 criteria the alien
beneficiary is attempting to satisfy, and provide the relevant evidence for the individual criterion.
- Evidence that the alien beneficiary is recognized nationally and internationally as “one of the small percentage of individuals at the very top of their fields”.
What are Some applications for the EB-1 Green Card?
- Extraordinary Ability: You may petition for yourself by filing a Form I-140, Petition for Alien Worker.
- Outstanding Professors and Researchers: Your employer must file a Form I-140, Petition for Alien Worker.
- Multinational Manager or Executive: Your employer must file USCIS Form I-140, Petition for Alien Worker.
Where to Begin?
As you undertake the often demanding and emotional process of obtaining an EB-1 green card and permanent resident status, it can be tremendously helpful to receive specialized guidance and assistance. At Pathak Law Firm, serving the LA area and clients across the globe, we’re here to provide caring, knowledgeable help from start to finish.
Call us at 818-238-9444 to schedule a consultation!