One of the most popular ways for foreign residents to secure permanent residency in the United States is through an employment-based visa. There are five types of employment-based visas, and EB-1 visa holders have the highest priority for securing green cards out of those five categories.
If you intend to immigrate to the United States for work-related purposes, an experienced attorney at our firm could help determine if you qualify for an EB-1 visa based on your background. Before you apply, it is a good idea to speak to a Boston EB-1 visa lawyer.
There are three subcategories of EB-1 visas. These subcategories divide applicants by their employment abilities and roles.
This option is often the fastest way to secure an employment-based visa for two reasons. First, a person that qualifies for this type of EB-1 visa does not need an employer to sponsor them. Second, there is also no requirement for a labor certification. EB-1As are sometimes called “self-petitions” because there is no need for a job offer and no need to go through the PERM process. Unfortunately, this classification is for people who have risen “to the very top of the endeavor” in their field.
The next level of EB-1 covers outstanding professors and researchers. There is no need for a labor certificate for this option either, but the foreign resident must be sponsored by an employer. This position requires “international recognition” as outstanding in their field. Also, only specific job offers will qualify for an EB-1B, including tenure-track academic positions, permanent (non-tenured) research positions, or comparable positions in private industry.
The third tier of EB-1 visas is the EB-1C visa. Applicants must be sponsored by a qualifying employer in the United States. Additionally, they must have a history of employment as a manager or executive over the previous three years. A unique quality of the EB-1C classification is its overlap with the requirements for the L-1 visa. Even though a self-petition is not allowed, there is a common strategy of entering the United States in L-1 status before transitioning into a permanent residency with a separate EB-1C Petition.
There are two different paths to an EB-1 visa: consular processing and adjustment of status. The option you choose depends on where you currently reside at the time of application. A Boston EB-1 visa attorney could assist with either process.
Consular processing is reserved for foreign residents that remain outside of (or, in some cases, depart from) the United States during the application process. Because they have not yet been admitted into the U.S. —or because their status would expire—these applicants must apply from their country of residence. Consular processing is the only option for any person without nonimmigrant status.
This process requires the applicant to schedule an appointment at the U.S. embassy in their country of nationality. This can take some time, as part of the process involves waiting for an interview. Every consulate will have different processing times and interview availability. During the interview, the consular officer will review important documentation and determine if there are reasons to deny the application.
The term “adjustment of status” is used for immigrants that are already in the United States. As the name implies, this process allows a person that already has temporary legal status in the United States to adjust that status to something more permanent.
For example, a person residing in Boston on a student visa or an H-1B visa has a limited amount of time before their status expires. To remain in the United States, they could request an adjustment of status when applying for an EB-1 visa. Our skilled local attorneys could assist EB-1 visa applicants with requesting an adjustment of status.
Securing a visa could be a life-changing event, but sadly, many applications are never granted. It is important to give yourself the best chance of a positive outcome by working with legal counsel. Reach out to a Boston EB-1 visa lawyer for guidance throughout the application process.
