EB-1 Visa: A comprehensive guide

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EB-1 Visa

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The EB1 immigrant visa is one of the most coveted visas for highly skilled professionals and executives seeking to immigrate to the United States. This visa offers numerous benefits, including faster processing time and no need for an offer of employment in advance. However, given the complexity and stringent requirements, it is essential that applicants prepare well and seek legal assistance if necessary.

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The EB-1 visa

1 What is the EB1 visa?

Definition

The EB1 visa is an employment-based immigrant visa that is divided into three main categories:

  1. EB1-A: Exceptional abilitiesThis category is for people who are exceptional in their field, such as science, art, education, business or sport.
  2. EB1-B: Outstanding professors and researchersThis category is aimed at professors and researchers who are internationally recognized and have at least three years' experience in their field.
  3. EB1-C: Multinational executives and managersThis category is for executives and managers of multinational companies who are transferred to a management position in a US subsidiary.

The EB-1 visa

2. requirements for the EB1 visa

EB1-A: Exceptional abilities

The applicant must provide evidence for at least three of the ten specific criteria, e.g:

  • National or international awardsEvidence of awards or honors received that indicate exceptional abilities.
  • Membership in professional associationsMemberships in associations based on outstanding performance.
  • Significant contributions in the fieldDocumented contributions that had a significant impact on the field.
  • PublicationsArticles or papers that have been published in renowned journals.
  • Media coverageMentions in major media highlighting the applicant's outstanding skills.

EB1-B: Outstanding professors and researchers

The applicant must demonstrate at least two of the six specific criteria, e.g:

  • Significant scientific publicationsPublications in renowned journals or books.
  • Significant role at a prestigious institution or organizationEvidence of the important role played by the applicant in a prestigious institution.
  • Participation as an expertParticipation as a reviewer for the work of other experts in the field.
  • Membership in professional associationsMembership of associations awarded on the basis of outstanding performance.

EB1-C: Multinational executives and managers

The applicant must demonstrate that he or she has worked outside the U.S. in a management position with a multinational company for at least one year in the three years preceding the application. Other requirements include:

  • Employment in a management position: Evidence of employment in a significant leadership role.
  • Multinational companyThe company must operate in more than one country.
  • Position in the US branchThe applicant must be transferred to a management position in a US branch.

The EB-1 visa

3. the application process

Submit a petition

The employer (or the petitioner themselves in the case of EB1-A) must file Form I-140, Petition for Alien Worker, with the USCIS. This is the first step to officially start the process.

Proof of work

For EB1-B and EB1-C, the employer must also submit proof of employment. This can be an employment contract or a letter from the employer confirming employment.

Documentation

The applicant must provide comprehensive documents proving compliance with the specific requirements. This includes:

  • Proof of exceptional abilitiesDocuments such as awards, memberships, publications, etc.
  • Proof of employment historyFor EB1-C, proof of employment in a management position at a multinational company.
  • Letter of recommendationLetters of recommendation from recognized experts in the field confirming the applicant's skills and achievements.

Interviews and additional evidence

In some cases, an interview may be necessary or additional evidence may be requested. This is often the case if the documents submitted are not sufficient or further clarification is required.

Decision

The USCIS will review the application and make a decision. This may take some time, depending on the complexity of the case and the current processing time of the USCIS.

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The EB-1 visa

4. necessity of legal representation

The process of applying for an EB1 visa is complex and requires careful preparation and presentation of documents. An immigration lawyer can provide valuable assistance at various stages of the process:

Consulting and strategy

A lawyer can work out the best approach for the claimant and develop a tailored strategy. This includes identifying the strongest evidence and presenting that evidence in the best possible way.

Documentation

Attorneys will help compile and review all necessary documents to ensure they meet the requirements. This may include reviewing awards, publications, letters of recommendation and other relevant documents.

Error avoidance

An experienced Lawyer knows the most common mistakes and can help you avoid them. This includes avoiding incomplete documentation, insufficient evidence and missed deadlines.

Representation

If additional evidence or an interview is required, a Lawyer represent and support the applicant. This may include preparing for the interview and submitting additional documents.

The EB-1 visa

5. documents and forms

The following documents and forms are generally required to apply for an EB1 visa:

  • Form I-140: Petition for Alien WorkerThis is the main form that must be submitted.
  • Proof of work (for EB1-B and EB1-C)A certificate of employment confirming the applicant's employment.
  • Evidence of exceptional abilitiesEvidence such as awards, membership in professional associations, publications, etc.
  • Proof of employment historyFor EB1-C, proof of employment in a management position at a multinational company.
  • Letter of recommendationLetters of recommendation from recognized experts in the field confirming the applicant's skills and achievements.

The EB-1 visa

6. common mistakes and how to avoid them

Some of the most common mistakes made when applying for an EB1 visa are:

Incomplete documentation

All required documents must be submitted completely and correctly. Incomplete or missing documents may lead to delays or rejections.

Insufficient evidence

The evidence must meet the specific requirements and be sufficiently detailed. Insufficient evidence may result in the application being rejected.

Missed deadline

It is important to meet all deadlines and submit all documents on time. Missed deadlines can delay the entire process or cause it to fail.

Imprecise formulations

The documents must be formulated clearly and precisely in order to avoid misunderstandings. Unclear or vague wording can lead to misunderstandings and rejections.

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The EB-1 visa

7. costs of the application

The cost of applying for an EB1 visa can vary significantly depending on various factors such as attorney fees, government fees, and additional costs for obtaining and translating documents. Here is a detailed breakdown of the potential costs:

Official fees

Form I-140: Petition for Alien Worker

The fee for filing Form I-140 is currently (as of 2023) $700. This fee is payable to the US Citizenship and Immigration Services (USCIS).

Premium Processing Service

For applicants who want faster processing, USCIS offers a Premium Processing Service. The fee for this service is an additional $2,500 and guarantees a processing time of 15 calendar days.

Consular processing fees

If the applicant is outside the U.S. and undergoing consular processing, additional fees may apply. The fee for the DS-260 form (immigrant visa application) is $325.

Green Card fee

After the visa is approved and the applicant enters the U.S., the applicant must pay a fee of $220 to the USCIS to obtain the physical green card.

Attorney fees

The cost of an immigration attorney's services can vary greatly based on the attorney's level of experience and the complexity of the case. In general, attorney fees for an EB1 visa application can range from $5,000 to $15,000.

  • Consulting and strategy development: $1,000 – $3,000
  • Compilation and review of documents: $2,000 – $6,000
  • Submission of the application and follow-up: $2,000 – $6,000

Additional costs

Translation fees

If documents need to be submitted in a language other than English, official translations are required. The cost of translations can vary depending on the language and volume of documents, typically between $20 and $50 per page.

Certification and notarization

Some documents may need to be certified or notarized. The costs for this can be between $10 and $50 per document.

Shipping costs

If original documents or extensive documentation must be submitted, shipping costs may apply, especially for international shipping. These costs may vary, typically between $50 and $200.

Travel expenses

If an interview is required, travel costs may be incurred. This includes airfare, accommodation and meals. Costs may vary depending on distance and length of stay.

Total overview of potential costs

Here is an example of the total potential cost of applying for an EB1 visa:

Cost itemsEstimated costs (USD)
USCIS fee for Form I-140$700
Premium Processing Service (optional)$2,500
Consular processing fees$325
Green Card fee$220
Attorney fees$5,000 – $15,000
Translation fees$200 – $1,000
Certification and notarization$50 – $200
Shipping costs$50 – $200
Travel expenses (if applicable)$500 – $2,000
Total costs$9,545 – $22,145

It is important to note that this is only an estimate and actual costs may vary depending on individual circumstances. It is recommended to obtain a detailed estimate from a qualified immigration lawyer in advance to get an accurate picture of the expected expenses.

Frequently asked questions about the costs

Are there ways to reduce costs?

Yes, there are some ways to reduce the costs. Some applicants decide to submit the application without Lawyer in order to save legal fees. However, this is risky as the application is complex and errors can lead to delays or rejections. It is also possible to waive the Premium Processing Service to save the $2,500 fee if faster processing is not required.

Can the employer cover the costs?

In many cases, the employer will cover the cost of applying for an EB1 visa, especially if the applicant is a valuable employee. It is advisable to discuss this with the employer in advance.

Are there refunds if the application is rejected?

Most fees, including USCIS fees and attorney fees, are non-refundable, even if the application is denied. It is therefore important to prepare the application carefully and ensure that all requirements are met.

How can I plan the costs in advance?

It is advisable to obtain a detailed estimate from a qualified immigration lawyer and calculate all potential fees and expenses in advance. This will help to avoid financial surprises and ensure that all necessary funds are available.

The EB1 visa provides an excellent opportunity for highly skilled professionals and executives to immigrate to the U.S., and the associated costs are an important consideration in the application process. The total cost can vary significantly depending on government fees, attorney fees and additional expenses such as translations and travel costs.

It is advisable to obtain a detailed estimate in advance and plan all potential expenses carefully. The assistance of an experienced immigration lawyer can help navigate the process and maximize the chances of a successful application.

With the right preparation and financial planning, applicants can take advantage of the EB1 visa and take a successful step towards their professional and personal future in the United States.

The EB-1 visa

8. after the immigration visa

Entering the USA

The applicant must enter the USA within the validity period of the visa. It is important to observe all entry requirements and to present the required documents upon entry.

Green Card

After entering the country, the applicant can apply for a green card to obtain permanent residence status. This requires additional documentation and possibly another interview.

Integration and adaptation

The applicant should prepare for integration into U.S. society and the labor market. This includes learning English, understanding U.S. culture and finding suitable housing and employment.

The EB-1 visa

9. FAQ (Frequently Asked Questions)

What are the main advantages of an EB1 visa?

The EB1 visa offers faster processing time and does not require an offer of employment in advance. It allows highly skilled professionals and executives to live and work in the U.S. permanently.

Who can apply for an EB1 visa?

The EB1 visa can be applied for by persons of exceptional ability, outstanding professors and researchers as well as multinational executives and managers.

How long does the application process take?

The length of the application process can vary, depending on the complexity of the case and the processing time of the USCIS. As a rule, the process can take several months.

Is a lawyer required?

A lawyer is not absolutely necessary, but highly recommended. An experienced lawyer can make the process easier, avoid mistakes and maximize the chances of a successful application.

Which documents are required?

Required documents include Form I-140, employment records, evidence of exceptional ability, evidence of employment history, and letters of recommendation.

What happens after the visa is approved?

Once the visa has been approved, the applicant must enter the USA and can then apply for a green card. The applicant should also prepare for integration and adaptation to US society.

The EB-1 visa

10 Conclusion

A EB1 visa offers highly qualified professionals and executives an excellent opportunity to immigrate to the USA. However, given the complexity of the application process and the stringent requirements, it is advisable to seek the assistance of an experienced immigration attorney. An attorney can help navigate the process, avoid mistakes and maximize the chances of a successful application. With the right preparation and support, applicants can take advantage of the EB1 visa and take a successful step towards their professional and personal future in the United States.

Do you need legal assistance in applying for an EB-1 visa?

Then contact us

+49 (0) 2273 - 40 68 504

info@kanzlei-baumfalk.de

Law firm for international law in Kerpen and Witten

Lawyer for - International Law | Employment Law | Criminal Law | IT Law | Data Protection

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