When it comes to getting the right visa for your immigration to the United States, you may be a good candidate to receive an EB-1 visa when you have extraordinary ability. This may be holding a managerial position in a foreign enterprise and being transferred to the American branch of that corporation, or because you have demonstrated extraordinary skills in a particular field which could include having published a scholarly work, made an original scientific discovery, created a piece of art that has been displayed in a professional gallery, or because you have distinguished yourself in a particular athletic field, among others. If this is your case, your best course of action would be to talk to a Coral Gables immigration lawyer who can take you through this complex immigration process and help you get the visa you seek.
What Are the Terms of the EB-1 Visa?
There are many work-related visas and they have in common the fact that the applicant needs to have an employer sponsoring them to qualify for the visa. In the case of an EB-1 visa, no such sponsorship is required. All the applicant needs to do is show that they indeed have this extraordinary ability and that it is their desire to continue working in the field of expertise once they settle in the United States.
EB-1 for Executives or Managers
An EB-1 green card is available for those who have the intention of entering the United States to continue working for a foreign corporation in which they have been employed overseas. The applicant must show that they have been working for that particular business for at least the past three years.
In this case, the employer who is making the petition must have been in business for at least one year at the time of application. There is no Labor Certification required and the employer does not need to prove that they cannot hire American workers. It is expected that the recipient of this visa should be able to receive permanent residency within about a year.
Outstanding Researchers and Professors
Applicants for this category of EB-1 visas must demonstrate international recognition of their achievements in their academic field. They must have at least three years of experience in their field and must be coming to this country to pursue a tenure track or have a comparable teaching position at a university.
Other Applicants with Extraordinary Ability
You may also qualify for an EB-1 visa if you have extraordinary abilities in the arts, sciences, athletics, or other fields in which you have garnered international acclaim. You do not need an offer of employment but you do need documentation to provide evidence that you will continue working in your field once you come to the United States.
How to File for an EB-1 Visa
To file for an EB-1 visa you must:
- Review the instructions of form I-140 – Petition for a Nonimmigrant Worker
- Complete and sign form I-140
- Pay the applicable fee
- Provide all supporting documents and any other required evidence
If you are already in the United States at the time you file, you may also need to file form I-485 to adjust your immigration status.
What to Expect After You File
Once your application is received, you can expect to receive notice that the petition has been received. You will also receive a notice for your biometric services. Once you have it, schedule the appointment and get it done as soon as possible. If required, you may also receive notice to appear for an interview. Once all this is done, you will receive notice of the decision from USCIS.
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