Let our deep legal expertise and technology-enabled processes guide you in your U.S. immigration journey
The EB-1 green card is one of the fastest methods for obtaining U.S. permanent residency among all the employment-based options. It is a primary employment immigration option for numerous foreign workers in the U.S. The EB-1 is the first-preference employment-based green card category. Annually, a total of 140,000 applicants receive green cards under the employment-based rank, and each country is only capable of collecting 7% (9,800) of the 140,000 cap. Our lawyers help to bring numerous EB-1 employment immigrants to the U.S. every year. We make the entire process seamless and quick, schedule a consultation, and unlock the full potential of hiring foreign workers for your business.
We make employment immigration to the U.S. easy and simple Schedule a Consultation
We make employment immigration to the U.S. easy and simple
Schedule a Consultation
Policy Update- On September 12, 2023 USCIS updated the manual to offer clarifying guidance on examples of evidence that may satisfy the relevant criteria for employment first-based preference applicants, as well as how USCIS officers evaluate the totality of the evidence for eligibility. See the complete details in this EB-1 policy update post.
There are five different employment-based (EB) categories. The first is EB-1 which is classified for individuals that are “priority workers,” granting them first preference in acquiring a green card. The EB-1 Green Card is premised on extraordinary skills regarding the participant’s occupation. Within the EB-1 category, there are three different subcategories of priority workers that will qualify.
The EB-1 is a highly popular option because it does not require a PERM Labor Certification. The Labor Certification is typically an extensive and costly filing process in order to determine if the requirements of the available position are able to be filled by a U.S. worker. When the Labor Certification is required, the applicant risks being rejected which can constrain the applicant’s time and expenses.
For the EB category, a permanent job offer is not required. This means that the applicant has the ability to apply for the petition on his/her own behalf. However, the OPR and MEM categories do require a permanent job offer. The U.S. employer is the only one who can file the petition for the applicant.
Another advantage of obtaining an EB-1 Green Card is that the category is usually always current. This means that the applicant does not have to wait an extended period of time before the application is reviewed and can receive a Department of State (DOS) immigrant visa number. This puts the applicant on a faster track to file an adjustment of status and initialize the green card process.
Retaining EB-1 green card lawyers with experience and knowledge of the process is absolutely necessary when handling such important visa matters.
In order to choose a good EB-1 green card lawyer you should consider several factors to ensure that you work with a qualified and experienced professional. Here are some key points to consider:
Here’s a brief summary of the application process for each subcategory within the EB-1 visa category:
It’s never been easier to hire international workers Schedule a Consultation
It’s never been easier to hire international workers
The first thing to know about the processing time for EB-1 or for any visa is that there are often several factors that cause it to vary widely. The first is the caseload of the service center that is processing your petition—the busier the center, the longer it will take to process. The second factor is the complexity of your case. If the USCIS issues an RFE or a NOID, it will cause delays in your processing. Thirdly, you will need to factor in your priority date and how long it will take to become current, which varies based on your country of origin. Fortunately, unlike the other employment-based green cards, you do not have to add the PERM processing time into your overall timeline. For us, the goals of your business are our number one priority – we strive to help your business succeed by bringing your EB-1 foreign workers as soon as possible. Schedule a consultation to discuss your business strategy for hiring international talent.
The first step to getting an EB-1 is filing an I-140 petition with the USCIS. This is the step that is the most susceptible to delays based on the first two factors mentioned above. The service center’s caseload and the complexity of your case will influence how long it takes to process the petition. On average, however, it takes about six months to process.
If a six-month average is too long for you, you can opt to pay an extra fee for premium processing, which will expedite your petition’s processing time down to just 15 calendar days. This does not increase your chances of getting approved and it is not available for the EB-1C.
The I-140 Form can also be delayed depending on this next aspect of the EB-1 processing time, the status of your priority date.
Your EB-1 green card priority date is the day that the USCIS obtains your I-140. You will need to check the Department of State’s monthly visa bulletin for the latest posted final action dates, which are separated according to the beneficiary’s country of origin. Once the final action date for your country matches or passes your EB-1 priority date, your priority date will be considered current and you can move on to the last phase.
It is important to note that the time it takes for priority dates to become current can sometimes be as long as several years for some countries. The more people that apply for the EB-1 from your country, the longer it will take. Even if you use premium processing to expedite your petition, you will still need to wait for your priority date to be current before moving forward. In many cases, the date will automatically be current (denoted by a “C” on the visa bulletin). This means that you can move on as soon as your I-140 is approved.
This last phase of your EB-1 processing time will depend on which option you choose between adjustment of status and consular processing.
Our lawyers have extensive experience with obtaining EB-1 visas for foreign workers that are employed by U.S.-based companies. We pride ourselves on outstanding service and exceptional client care. This is what our leading business immigration lawyer Shilpa Malik said about our EB-1 services:
“With the EB-1 visa, individuals with extraordinary abilities in their fields can live and work in the United States on a permanent basis. This visa is an excellent opportunity for companies that want to hire international workers. As your attorney, I will guide you through the application process and work tirelessly to ensure your success. Let us take care of business immigration while you focus on building your business.”
Our recent EB-1 success story involved a business seeking to bring a foreign worker on an EB-1A green card. Several attorneys have turned down the case due to the complexity of the worker’s background, but VisaNation Law Group successfully detailed evidence proving the individual had fulfilled more than three of the EB-1A requirements. The USCIS requested extensive evidence and our lawyers spent hours addressing each issue and submitted the response through premium processing to expedite the hiring process. The case was approved, proving that VisaNation Law Group rises to meet challenges and provides dedicated professional help even in difficult immigration situations.
Here is a breakdown of the basic mandatory fees you will encounter while pursuing an EB-1 green card:
You should also factor other costs into your EB-1 processes such as traveling costs and attorney fees. You can see our flat rate for employment-based green cards on our fees page.
Unlock the power of hiring foreign workers Schedule a Consultation
Unlock the power of hiring foreign workers
After all of the time, money, and work put into an EB-1, getting a rejection or denial can be devastating. If you are looking to avoid this scenario or you have already received a rejection or denial notice, then the following information is for you.
Firstly, we need to make a distinction between the terms “rejection” and “denial”. In everyday speech, these terms are synonymous. However, in the language of immigration law, they have different meanings.
Each EB-1 petition is adjudicated using a two-pronged approach. In the first phase, an evaluating officer will check to see if:
If your petition does not pass this stage, then it will likely be rejected. Fixing the error or omission and refiling is often the best thing to do in these cases. However, you will be responsible for new fees.
Learn about EB-1A denial reasons and you can also learn about EB-1C denial reasons.
If your petition passes the first stage, then the evaluating officer will review the evidence and assess whether or not you and your employer (if applicable) merit an EB-1 green card. If not, then you may expect to see a denial notice. In these cases, refiling often isn’t the best option. Instead, you may want to talk to your attorney about filing a legal motion or going through the appeals process.
Filing a legal motion is essentially like appealing to the evaluating officer that processed your petition. There are two kinds of motions that can be filed:
Lastly, you can also bring your case to a third party to appeal the decision. In immigration law, that third party will be the Administrative Appeals Office, which has a track record of upholding the decisions of the evaluating officers.
If an evaluating officer is reviewing your case and notices that some extra documentation would bolster your candidacy for an EB-1, he or she may issue a Request for Evidence (RFE). These can range from simple requests for missing documents such as birth certificates or passports to requests for more complicated things such as proof that you work in a managerial capacity for an EB-1C or proof of your achievements for an EB-1A.
If you do get an RFE, the first thing you should do is take it to your attorney so that you can file a satisfactory and timely response. There are three kinds of ways to respond to an RFE for your EB-1 green card: a full response where you give all of the evidence requested, a partial response where you only give some of the evidence requested (either by choice or because the evidence is not available), and a withdrawal of your petition. Our lawyers are experienced with all types of EB-1 scenarios, even the ones that require RFEs. Schedule a consultation and make sure that your EB-1 visa worker’s application is in safe hands.
EB-1 visa is not your only choice of employment immigration to the U.S. There are several other options that are greater alternatives to EB-1:
