Immigration Consultants

WHAT ARE EXPERT OPINION LETTERS?

The Expert Opinion Letter is an assessment provided by a third party, usually a college professor, and can be based solely on work experience credentials or on a combination of academic and experiential credentials. It offers the perspective of a professor from a college who specializes in the subject. Expert Opinion letters are customized to each individual case based on an applicant’s academic and work requirements in order to satisfy U.S. Citizenship and Immigration Services (USCIS) regulations.

Expert Opinion Letters provide significant benefits as supporting documents for employment visa categories such as:

    • EB-1

In order to determine if you are eligible for L-1A classification and whether you are an L-1A managerial executive, for example, L-1A expert opinion letters examine the management and/or executive nature of occupations.

L-1B assessments are letters of expert opinion that outline the specialized skills required to perform in particular vocations as well as the process by which information is transferred among subsidiary and affiliate organizations within transnational enterprises.

Expert Opinion Letters can also be written in response to various requests from the USCIS for information and Requests for Evidence.

expert opinion letter

You must acquire expert opinion letters from significant individuals as part of the procedure for your outstanding ability visa (O-1 and EB-1). Given the significance of the letters, it is worthwhile for an applicant to spend the time and effort looking for experts who might independently qualify for the O visa and discussing the expert opinion letter’s substance with the writers to improve the likelihood of approval. The letters differ from reference or recommendation letters that one might use for employment because they are far more thorough and concentrate on the applicant’s actual accomplishments.

The letter must clearly state that you are nationally or internationally recognized and have made substantial contributions to your field. It also needs to explain how the writer came to know you and your accomplishments. These letters can also be used to explain your critical role for an organization, the importance of your “major” prizes or awards, the prestige associated with your membership in an organization, and other details to the United States Citizenship & Immigration Service (“USCIS”) officer adjudicating your petition. They can also be used to explain the significance of your accomplishments from the viewpoint of a respected insider in your field.

expert opinion letter

Our team of highly qualified immigration specialists can help to make process of obtaining your expert opinion letter quick and painless, not to mention – super affordable!  You can view our EOL Services Here.

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WHAT ARE CREDENTIAL EVALUATIONS?

Foreign credential evaluations, also known as academic evaluations, are assessments of the educational qualifications obtained in other countries, to determine their equivalency to credentials obtained in the United States. This process is often required for individuals who have completed their education outside of the U.S. and wish to use their qualifications in the country, such as for employment or further education. Providing credential evaluation report to USCIS with an employment-based visa petition can be very effective.

The evaluation is typically carried out by a specialized agency or organization that is familiar with the education systems of different countries and can provide an accurate assessment of the individual’s qualifications. The process and requirements for foreign credential evaluations can vary depending on the specific field or industry, as well as the country where the qualifications were obtained.

credential evaluations

Foreign credential evaluations may be required as part of many employment visa categories application processes, to assess the individual’s education and qualifications and determine their equivalency to U.S. standards.

The exact requirements for credential evaluations can vary depending on the specific field and the agency or organization conducting the evaluation. In general, the evaluation should provide detailed information on the individual’s educational qualifications, including the institutions attended, the programs completed, and any relevant degrees or certifications obtained. It should also provide an assessment of the individual’s qualifications in relation to those typically required for their field in the US.

credential evaluations

Our team of highly qualified immigration evaluators can help to make process of obtaining credential evaluation report quick and painless, not to mention -super affordable!  You can view our Credential Evaluation Services Here.

EB-2 New Pettition

ALL YOU NEED TO KNOW ABOUT EB-2 NIW NATIONAL INTEREST WAIVER

eb-2 niw

The EB-2 National Interest Waiver (NIW) is a category of immigration under the U.S. Employment-Based Second Preference (EB-2) visa program. It allows individuals with advanced degrees or their equivalent to apply for a waiver of the labor certification requirement, which is typically required for individuals seeking to work in the United States.

To qualify for the EB-2 NIW category, an individual must have an advanced degree (such as a Master’s or Ph.D.) or a combination of education and work experience that is deemed to be equivalent. They must also be able to demonstrate that their work in the United States will be in the national interest, such as by showing that their work will have a significant impact on the field they are working in, or that it will provide a significant benefit to the United States.

Individuals who are eligible for the EB-2 NIW category do not need to have a job offer from a U.S. employer in order to apply, and they can self-petition for their green card. However, they must still meet all other eligibility requirements for the EB-2 visa program, such as being able to show that they have the necessary qualifications and skills to succeed in their chosen field.

Overall, the EB-2 National Interest Waiver category offers a unique opportunity for individuals with advanced degrees or their equivalent to work in the United States in a field that is deemed to be of national interest. It allows these individuals to bypass the labor certification requirement and self-petition for their green card, making it a potentially attractive option for those who are looking to work in the United States in a field that is of national interest.

Once an individual has determined that they are eligible for the EB-2 NIW category, they can begin the application process by completing and submitting Form I-140, Petition for Alien Worker, to the U.S. Citizenship and Immigration Services (USCIS). This form can be submitted online or by mail and must be accompanied by the appropriate filing fee and any supporting documentation that is required.

Supporting documentation for an EB-2 NIW application may include:

  • evidence of the individual’s education, such as copies of degrees and credential evaluations
  • evidence of the individual’s work experience, such as resume and letters from employers
  • evidence of the national interest value of their work, such as cover/ petition letter, business or professional plan, letters of recommendations, expert opinion letters, publications, awards, participation in professional organizations and more.

After the Form I-140 and supporting documentation have been submitted, the individual will need to wait for the USCIS to review their application and make a decision. If the application is approved, the individual will be able to proceed with the next steps in the green card process, such as applying for a green card or adjusting their status to become a permanent resident of the United States. If aping within the U.S., petitioner can also concurrently File adjustment of status application along with I-140 application.

Overall, the process for applying for the EB-2 National Interest Waiver category involves determining eligibility, completing, and submitting the necessary forms and documentation, and waiting for a decision from the USCIS. It is important to carefully read and follow all instructions and requirements, and to provide all necessary information and documentation in order to increase the chances of a successful application.

eb-2 niw

Our team of highly qualified immigration specialists can help to make process of obtaining your EB-2 NIW quick and painless, not to mention -super affordable!  You can request our EB-2 NIW Services Here.

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REMOVING CONDITIONS ON PERMANENT RESIDENCY

removing conditions

Becoming a permanent resident of the United States is a significant milestone for many individuals. However, for some green card holders, their status is conditional, and they must take additional steps to have the conditions removed. This process is known as “removing conditions on permanent residency.” In this post, we will walk you through the steps of removing conditions on your green card, including the eligibility requirements, the application process, and what to expect during the decision-making process.

Eligibility Requirements

There are a few key eligibility requirements that you must meet in order to remove conditions on your permanent residency. These include:

Being married to the U.S. citizen who filed the petition for you: If you were granted a two-year green card based on a marriage that was less than two years old at the time of your approval, you will be required to remove the conditions on your permanent residency.

Being the child of a U.S. citizen who filed the petition for you: If you are a child of a U.S. citizen who was granted a two-year green card based on a parent-child relationship that was less than two years old at the time of your approval, you will be required to remove the conditions on your permanent residency.

Being the investor: If you are a conditional permanent resident based on an investment, you are also required to file to remove the conditions on your residency.

Application Process

Once you have determined that you are eligible to remove conditions on your permanent residency, the next step is to complete the application process. This process includes the following steps:

Gather required documents: In order to apply to remove conditions on your permanent residency, you will need to gather certain documents, including proof of your relationship to the U.S. citizen who filed the petition for you, such as a marriage certificate or birth certificate.

File Form I-751: The main form you need to file to remove conditions on your permanent residency is Form I-751, Petition to Remove Conditions on Residence. This form must be filed within the 90-day period before the expiration of your two-year green card.

File biometrics: As part of the application process, you will be required to submit fingerprints, photograph, and signature for the purpose of security check.

Attend an interview: In some cases, you will be required to attend an interview at a U.S. Citizenship and Immigration Services (USCIS) office as part of the application process. During the interview, an immigration officer will ask you questions about your relationship and may ask for additional documentation to prove that your marriage is genuine.

Decision-Making Process

After you have completed the application process, USCIS will make a decision on your case. There are several outcomes that are possible, including:

Approval: If USCIS is satisfied that your marriage is genuine, they will approve your application and send you a new 10-year green card.

Denial: If USCIS determines that your marriage is not genuine, they will deny your application and initiate removal proceedings.

Administrative processing: In some cases, USCIS may need additional time to make a decision on your case and will put your application into “administrative processing.” This typically happens when there are additional security checks that need to be conducted.

Request for additional evidence: USCIS may ask for additional evidence if they feel the initial application is not sufficient to determine whether the marriage is genuine. This could include additional documentation or another interview.

It is important to note that if your application is denied, you will have a limited time to appeal the decision or file a motion to reopen or reconsider the case.

It’s also important to note that, in some circumstances where the individual and their spouse have separated or divorced before the I-751 is filed, a waiver can be requested for this requirement of joint filing. If a waiver is approved, the individual can file the I-751 alone and present the evidence that the marriage was entered into in good faith but ended in the divorce or separation.

Overall, the process of removing conditions on permanent residency can be complex and time-consuming, but with the right guidance and preparation, it can be navigated successfully. Make sure to gather all required documentation, file all forms on time, and be prepared for any interview or additional steps in the process. It is recommended to seek the help of a qualified immigration professional to help guide you through the process and represent you if any issues arise.

removing conditions

We hope that this post provided a useful overview of the process of removing conditions on permanent residency. If you have any additional questions or need further clarification, please do not hesitate to reach out for our professional assistance in removing conditions.

Permanent Residency

ADJUSTMENT OF STATUS IN US

adjustment of status

Adjustment of status is the process through which an individual who is present in the United States can apply to become a permanent resident (also known as obtaining a green card). This process is available to certain individuals who are already in the United States and are eligible to apply for a green card without having to return to their home country to complete the process.

To be eligible for adjustment of status, an individual must meet the following requirements:

  1. The individual must be present in the United States.
  2. The individual must have been inspected and admitted or paroled into the United States.
  3. The individual must be eligible for a green card based on one of the following categories:
  4. The individual must not be inadmissible to the United States on criminal, security, or other grounds.
adjustment of status

If an individual meets these requirements, they can apply for adjustment of status by submitting an application to the USCIS. The application process includes the following steps:

  1. Gather the required documents: The individual will need to gather and prepare the necessary documents, including evidence of their eligibility for a green card and any supporting documentation.
  2. Complete the application forms: The individual will need to complete and submit the appropriate application forms, including Form I-485 (Application to Register Permanent Residence or Adjust Status) and any supporting forms.
  3. Pay the fees: The individual will need to pay the required fees, which may include the application fee, biometrics fee, and any other required fees.
  4. Submit the application: The individual will need to submit the completed application forms and supporting documents to the USCIS.

After the individual submits their application, the USCIS will review the application and supporting documents to determine if the individual is eligible for a green card. If the application is approved, the individual will be granted permanent resident status and will receive a green card. If the application is denied, the individual will receive a notice explaining the reason for the denial and any options for appeal or reconsideration.

adjustment of status

Adjustment of status can be a complex process, and it is important for individuals to carefully review the requirements and gather the necessary documents before submitting their application. It is also recommended to seek the assistance of an immigration professional to ensure that the application is completed correctly and to provide guidance throughout the process. You can request our Adjustment of Status Services here.

Asylum

ASYLUM IN U.S. & HOW TO APPLY FOR IT

Asylum is a form of protection granted to individuals who have been persecuted or fear persecution in their home country. In the United States, asylum can be granted to individuals who meet the definition of a refugee and are either already in the United States or seeking admission at a port of entry. The process of obtaining asylum can be complex, so it is important to understand what it is and how to apply for it.

First, it’s important to understand the difference between asylum and refugee status. A refugee is an individual who is outside of their country of origin and is unable or unwilling to return due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. An individual who is granted asylum is also someone who has been persecuted or fears persecution, but they are already in the United States or seeking admission at a port of entry.

To apply for asylum, an individual must first be physically present in the United States. They can then submit a Form I-589, Application for Asylum and for Withholding of Removal, to U.S. Citizenship and Immigration Services (USCIS). The application must be filed within one year of the individual’s last arrival in the United States, unless there are extenuating circumstances that prevented the individual from applying within that time frame.

Asylum

The application must include detailed information about the individual’s background, including their country of origin, the persecution they experienced or fear experiencing, and any relevant evidence to support their claim. Examples of persecution include physical harm, imprisonment, torture, or threats of harm or death. It’s important to note that the individual’s fear of persecution must be based on one of the five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion.

The individual will then go through an interview process with an officer, during which they will be asked to provide more information about their claim and any evidence to support it. After the interview, the asylum officer will make a decision on the application and if approved, the individual will be granted asylum and will be able to live and work in the United States. If the application is denied, the individual may be placed in removal proceedings and may be able to appeal the decision.

Asylum

It’s important to note that the process of obtaining asylum can be complex and may require the assistance of an experienced immigration professional. They can help you navigate the process and help you gather the necessary evidence to support your claim. It is also important to note that the asylum process is different than the refugee process, which is a separate program for individuals who are outside the United States and are seeking admission to the U.S. as a refugee.

In conclusion, asylum is a form of protection for individuals who have been persecuted or fear persecution in their home country and can apply for it if they are already in the United States. The process of obtaining asylum can be complex and may require the assistance of an immigration professional. It is important to understand the difference between asylum and refugee status and gather evidence to support your claim. It’s also important to note that the asylum process is different than the refugee process, which is a separate program for individuals who are outside the United States and are seeking admission to the U.S. as a refugee.

Our experienced team of professionals can help you with filing your asylum case and is available here.

What to do if you received RFE?

WHAT TO DO IF YOU GOT AN RFE

RFE

An RFE, or Request for Evidence, is a request made by the United States Citizenship and Immigration Services (USCIS) for additional information or documentation regarding an application for immigration benefits. An RFE is issued when the USCIS needs more information to determine whether an applicant is eligible for the immigration benefit being sought.

An RFE, or Request for Evidence, can be issued in response to a variety of different immigration petitions, including petitions for:

  • Nonimmigrant visas, such as H-1B visas for specialty occupations, L-1 visas for intracompany transfers, and F-1 visas for students.
  • Immigrant visas, such as family-based visas and employment-based visas.
  • Adjustment of status, which is the process of applying for a green card while in the United States.
  • Naturalization, which is the process of applying for U.S. citizenship.
  • Asylum, which is a form of protection for individuals who have been persecuted or fear persecution in their home countries.
  • Other immigration benefits, such as DACA (Deferred Action for Childhood Arrivals) and TPS (Temporary Protected Status).

In general, an RFE may be issued if the USCIS needs additional information or documentation to determine whether an applicant is eligible for the immigration benefit being sought.

If you receive an RFE, it is important to carefully review the request and gather any additional information or documentation that is requested. You should respond to the RFE as soon as possible, as the USCIS will not make a decision on your application until it has received all of the required information.

Here are some general steps to follow if you receive an RFE:

  • Read the RFE carefully to understand what information or documentation the USCIS is requesting.
  • Gather any additional information or documentation that is requested. If you are unable to provide the requested information, you should explain why.
  • Respond to the RFE within the time frame specified in the request. It is important to respond to the RFE on time, as failing to do so may result in the denial of your application.
  • Make copies of all documents that you submit in response to the RFE and keep the copies for your records.
  • Submit your response to the address specified in the RFE. If you are responding by mail, it is recommended that you use a method of delivery that provides tracking, such as certified mail.

It is also recommended that you seek the advice of a knowledgeable immigration specialist to help you understand the RFE and ensure that you provide the necessary information to the USCIS.

At USA Immigration Company, we can assist you with explaining what your RFE means, what steps to take to respond and even in drafting a powerful response. You can request our RFE services here

professional plan

IMPORTANCE OF IMMIGRATION PROFESSIONAL PLAN

professional plan

Professional plan is an important part of the U.S. immigration process because it helps provide evidence of an individual’s ability to succeed in the United States. By detailing an individual’s goals and objectives, as well as their plans for achieving those goals, a professional plan can demonstrate to immigration officials that the individual has a clear path forward and is likely to be successful in the United States.

Additionally, professional plans can help individuals understand and articulate their own goals and plans, which can be useful in preparing for interviews and other aspects of the immigration process. They can also provide a helpful reference point for individuals to use as they work towards achieving their goals in the United States.

A well-written professional plan can be a valuable tool in the U.S. immigration process, helping individuals demonstrate their commitment to success and providing evidence of their ability to achieve their goals in the United States.

When writing a professional plan, it is important to clearly state your goals and objectives, as well as any specific steps you plan to take to achieve those goals. Your plan should be well-organized and easy to understand, and should include any relevant information about your education, work experience, and any other relevant skills or qualifications that may help you achieve your goals.

It is also a good idea to include information about any potential obstacles or challenges you may face, as well as any strategies you plan to use to overcome those challenges.

A professional plan for employment visa categories should detail an individual’s goals and plans for working in the United States in a field that is deemed to be of national interest. This could include a wide range of fields, such as science, technology, engineering, mathematics, medicine, education, or the arts.

In order to qualify for employment visa categories, an individual must have an advanced degree (such as a Master’s or Ph.D.) or a combination of education and work experience that is deemed to be equivalent. They must also be able to demonstrate that their work in the United States will be in the national interest, such as by showing that their work will have a significant impact on the field they are working in, or that it will provide a significant benefit to the United States.

A professional plan for employment visa categories should therefore detail the individual’s education and work experience, as well as their specific goals and plans for working in the United States in a field that is deemed to be of national interest.

Overall, a professional plan for employment visa categories should be a well-written and well-organized document that clearly demonstrates an individual’s qualifications and ability to succeed in the United States. It should also provide evidence of the national interest value of the individual’s work and should highlight any unique skills or experiences that may make them a strong candidate for the employment visa categories.

Professional Plans can be very valuable for the following visa categories:

The EB-1 visa is a type of employment-based visa that allows individuals with extraordinary ability in the sciences, arts, education, business, or athletics to come to the United States to work in their field of expertise. In order to qualify for an EB-1 visa, you must be able to demonstrate that you have a level of expertise that is significantly above the ordinary in your field.

The EB-2 NIW (National Interest Waiver) visa, which allows individuals with advanced degrees or exceptional ability in the sciences, arts, or business to come to the United States to work without the need for a job offer or sponsorship from an employer. In order to qualify for an EB-2 NIW, you must be able to demonstrate that your work in the United States will be in the national interest.

 The L-1 Intracompany Transferee visa, which allows individuals who work for a company outside the United States to come to the United States to work for a related company. In order to qualify for an L-1 visa, you must have been employed by the foreign company for at least one year within the three years preceding your application. You will need to provide a business plan as part of your application, which should outline the details of your proposed work in the United States, including the nature of the business, the role you will play in the company, and the expected duration of your stay.

The O-1 visa is a type of nonimmigrant visa that allows individuals with extraordinary ability in the sciences, arts, education, business, or athletics to come to the United States to work in their field of expertise. In order to qualify for an O-1 visa, you must be able to demonstrate that you have a level of expertise that is significantly above the ordinary in your field.

professional plan

Our team of highly qualified immigration specialists can help to make process of obtaining your professional plan quick and painless, not to mention -super affordable!  You can request our Professional Plan Services Here.

U.S Immigration business plan

WHY IMMIGRATION BUSINESS PLAN IS SO IMPORTANT?

business plan

A business plan is an important document for anyone looking to start or grow a business. This is especially true for individuals who are seeking to immigrate to U.S. A well-written business plan can help to demonstrate to USCIS that an individual has a clear plan for establishing and operating a successful business in U.S.

There are several reasons why a business plan is important for immigration purposes. First, it provides a detailed overview of the individual’s business idea and how it will be implemented. This can help to convince USCIS that the individual has a viable and well-thought-out plan for their business.

Second, a business plan can help to show that the individual has the necessary skills and experience to run a successful business. By including information about their education, experience, and relevant expertise, the individual can demonstrate that they are well-equipped to manage and grow their business.

Third, a business plan can help to demonstrate that the individual’s business will be financially viable and contribute to the economy of the U.S. By including detailed financial projections, the individual can show that their business will generate revenue and create jobs, which can be attractive to USCIS.

Overall, a business plan is an important tool for anyone looking to immigrate to U.S. for the purpose of starting or growing a business. It can help to convince USCIS that the individual has a viable business plan and the necessary skills and experience to succeed.

business plan

There are several types of visas that may require a business plan as part of the application process. Some examples include:

The EB-1 visa is a type of employment-based visa that allows individuals with extraordinary ability in the sciences, arts, education, business, or athletics to come to the United States to work in their field of expertise. In order to qualify for an EB-1 visa, you must be able to demonstrate that you have a level of expertise that is significantly above the ordinary in your field.

The EB-2 NIW (National Interest Waiver) visa, which allows individuals with advanced degrees or exceptional ability in the sciences, arts, or business to come to the United States to work without the need for a job offer or sponsorship from an employer. In order to qualify for an EB-2 NIW, you must be able to demonstrate that your work in the United States will be in the national interest.

The E-2 Treaty Investor visa, which allows individuals from certain countries to come to the United States to invest in and manage a business. In order to qualify for an E-2 visa, you must have invested or be actively in the process of investing a substantial amount of capital in a U.S. business. You will need to provide a business plan as part of your application, which should outline the details of your proposed business, including the nature of the business, the amount of capital you have invested or plan to invest, and the expected financial performance of the business.

The L-1 Intracompany Transferee visa, which allows individuals who work for a company outside the United States to come to the United States to work for a related company. In order to qualify for an L-1 visa, you must have been employed by the foreign company for at least one year within the three years preceding your application. You will need to provide a business plan as part of your application, which should outline the details of your proposed work in the United States, including the nature of the business, the role you will play in the company, and the expected duration of your stay.

The O-1 visa is a type of nonimmigrant visa that allows individuals with extraordinary ability in the sciences, arts, education, business, or athletics to come to the United States to work in their field of expertise. In order to qualify for an O-1 visa, you must be able to demonstrate that you have a level of expertise that is significantly above the ordinary in your field.

Business plans are an important part of the immigration process for several reasons. First, they help to demonstrate to USCIS that the applicant has a viable business idea and the necessary skills and experience to successfully run a business in their destination country. This can help to increase the chances of the applicant being granted a visa.

Additionally, having a well-thought-out business plan can help the applicant to secure funding for their business and ensure that they have a clear plan in place for how they will generate income and manage their finances. This can help to increase the chances of the business being successful and can also provide a framework for the applicant to follow as they work to establish their business in the U.S.

Overall, a well-written and comprehensive business plan can exceptionally help to increase the chances of being granted a visa or permanent residency in U.S.

Our team of highly qualified immigration writers can help to make process of obtaining a business plan quick and painless, not to mention -super affordable! 

APPLYING FOR EB-1 VISA

APPLYING FOR EB-1 VISA

An EB-1 visa is a type of employment-based, first-preference visa for individuals who have extraordinary abilities in the arts, sciences, education, business, or athletics. This visa allows recipients to live and work permanently in the United States. To qualify for an EB-1 visa, an individual must demonstrate exceptional ability in their field, as well as evidence of sustained national or international acclaim.

To qualify for an EB-1 visa, an individual must demonstrate exceptional ability in their field, as well as evidence of sustained national or international acclaim. This can be demonstrated through a combination of factors such as awards, publications, and other recognition of their work.

People who fit into the following categories are eligible for visas:

  • people with exceptional abilities
  • outstanding academics and scientists
  • certain international executives or managers

People of extraordinary ability in the first category may self-petition. You can obtain this visa without having a job lined up, according to this. Other candidates will require a U.S. based employer, but the process for the employer to apply for the candidate as an alien employee is streamlined since no labor certification is required.

EB-1A The most difficult kind of visas to obtain are also the most flexible because you can self-petition without having a work offer. You must either meet three of the ten USCIS standards or demonstrate a one-time accomplishment that supports the visa offer. Examples cited include receiving an Olympic medal, an Oscar, or a Pulitzer Prize.

If the one-time achievement rule does not apply to you, the following requirements must be met to demonstrate your extraordinary ability:

  • Being awarded nationally or internationally recognized prizes or awards
  • Being written about in major media or trade media
  • Having made major contributions to your field
  • Evidence you command a higher salary than others doing the same job
  • Evidence of your commercial, artistic, or scholarly work having been extraordinarily successful

You must meet two of the six requirements and have a job offer that qualifies as tenure-track or tenure-eligible teaching in order to apply for an EB1-B visa. These consist of:

  • Winning major prizes
  • Contributing greatly to your chosen field
  • Judging others’ work
  • Having made scholarly contribution in your discipline

EB-1C Visa candidates are managers and executives at a multinational company. For this visa type, you must have an active employment offer and have worked outside of the US for at least one of the previous three years.

EB-1

Obtaining a Green Card via the EB-1 pathway entails numerous steps:

  • Using Form, I-140, have your employer petition for your entry to the U.S. as an immigrant worker, or self-petition if you have outstanding ability.
  • Once a visa is obtained, use Form I-485 to file for a change of status from visa holder to Green Card holder.
  • Wait for a decision from USCIS.

Most employment-based visa holders can file their I-485 at the same time as their employer submits Form I-140. This means you won’t have to wait for approval before moving forward in the line to receive your Green Card.

The transition from an EB-1 visa to a Green Card is a change of status. That can only be done from within the US because it requires changing your status from a work-related visa to a work-based Green Card.

If you are not yet in the United States but are eligible for an EB-1 Visa, you must apply through your local US consulate or embassy, and then apply for your Green Card after you arrive.

The time it takes to obtain your EB-1 Green Card varies depending on your circumstances.

The first stage is for your company to apply — or for you to self-petition — for entry into the United States as an alien worker. Once this form is approved, workers must wait their turn in line until a visa becomes available. The Visa Bulletin is used to help people waiting for Green Cards understand the potential delay before their form is processed.

The good news is that, as of this writing, there are no EB-1 wait times listed in the Visa Bulletin. That implies you can apply for your Green Card at the same time that your employer’s I-140 petition is being reviewed.

EB-1

The I-140 form’s processing time is determined on whether you choose regular or premium processing. Premium processing takes 15 days and is available to candidates in the EB1 and EB2 categories. If you do not fit into one of these categories, you can track the status of your application online by entering your case number into the USCIS tracking website.

When you apply for an employment-based Green Card, you must pay certain costs.

There are two filing fees to consider for the EB1 Green Card:

Form I-140: Petition for an Alien Worker $700.

Form I-907: premium processing request: 2,500 USD.

Form I-485: Status Change: $1,140 USD + $85 USD biometric cost.

If you’re applying through an employer, it’s worth negotiating who pays these and other relevant fees. There is no legal duty for either the employer or the employee to fund the costs, so it’s a matter of negotiating the best possible arrangement with your company before you begin.

EB-1

Remember that there may be additional charges, such as applying for dependent Green Cards or having papers translated or notarized as part of your proof pack. If you are not yet in the United States, you must also pay for your travel and the transportation of your personal goods.

Our experienced team of professionals will help you with your EB-1 Visa here.