Employment-Based Immigration 1st Preference Classification or EB-1 Classification

As the global hub for innovation and opportunity, the United States continues to attract standout professionals, acclaimed scholars, and multinational executives from around the globe. Recognizing the valuable contributions these talents bring, the U.S. has established specific pathways for them to not only live and work within its borders but also to become permanent residents. One such pathway is through the Employment-Based Immigration 1st Preference Classification or EB-1 Classification.

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What is the EB-1 Classification?

The EB-1 classification is exclusively designed to attract the brightest minds and talents. The EB-1 path begins with submitting a Form I-140 with the United States Citizenship and Immigration Services (USCIS). To qualify for the employment-based immigration 1st preference classification, you must show that you are a standout professional, a notable scholar, or a multinational executive. Therefore, depending on your occupation, there are three different subcategories to EB-1 Classification.

Standout Professionals, or Persons of Extraordinary Ability

Are you a beacon of excellence in the sciences, arts, education, business, or athletics? If so, you may be eligible for the EB-1A subcategory.

What do I need for EB-1A subcategory?

You’ll need to illustrate your unique talents via sustained national or international acclaim. Think along the lines of a Pulitzer, Oscar, or Olympic Medal. Importantly, proof of your ongoing work in your area of expertise is a must. The best part? You don’t need an employment offer or labor certification to apply.

Notable Scholars, Including Professors and Researchers

Are you a standout professor or teacher in academia, known globally for your exemplary contributions? If you’re an outstanding professor or researcher, EB-1B could be your pathway.

What do I need for EB-1B subcategory?

You’ll need to establish your reputation with at least 3 years of teaching or research experience in your academic area. Also, you should be eyeing a position in the United States—either tenure, tenure-track teaching, or a similar research role at a higher education institution or private employer. Furthermore, an employment offer from a potential U.S. employer is required. The good news? No labor certification is needed.

Multinational Executives, or Top-tier Managers

Are you a multinational manager or executive with an eye on U.S. shores? The EB-1C is your potential route.

What do I need for EB-1C subcategory?

To be eligible, you need at least a year of employment outside the U.S. within the three years before you apply or before your most recent U.S. entry. It’s crucial to show your U.S. employer has been in business for at least a year, shares a qualifying relationship with your overseas employer, and plans to employ you in a managerial or executive role. Here’s some good news – there’s no need for labor certification in your case!

The EB-1 classification is an excellent option for talented and recognized individuals seeking permanent residency in the United States. However, this classification has multiple subcategories, and each has its own set of requirements. Thus, it is essential to carefully review them to determine the best fit for your situation.

EB-1 Classification, and Benefits

Perk:

No Labor Certification Required

Independent Path:

No Employer Requirement for EB-1A Visa Process

Flexibility:

Starting the Process Anywhere, Inside or Outside the U.S.

Family Benefits:

Spouses and Unmarried Children Under 21 Enjoy the Same Advantages

Why Choose ImmigrateFast.Law for Your EB-1 Immigration Path?

Our team at ImmigrateFast.Law is committed to your success!

1 - First meeting with the client to find out if they qualify

A realistic assessment by qualified immigration lawyers can help prevent unfavorable outcomes. In addition, an accurate eligibility determination will reduce delays caused by improperly or incompletely prepared EB-1 applications. Therefore, we evaluate your case thoroughly to ensure you meet the requirements for the Employment-Based Immigration: 1st Preference EB-1 Classification.

2 - Getting the forms ready and preparing the application packet

After determining your eligibility, our lawyers will complete your forms and gather the evidence of your extraordinary ability. Also, our office will help you prepare supporting letters and legal documents if required.

3 - Application packet submission to USCIS

Next, we will prepare a complete and robust application packet and file it with the appropriate office on your behalf. Once the application is delivered, USCIS will issue a receipt notice notify the parties that the EB-1 application is under review.

4 - Request for additional evidence (RFE)

While reviewing the petition, USCIS officers may issue a Request for Additional Evidence (RFE) if there is any insufficiency with your application packet. Our office rarely receives a request for further evidence as our attorneys always ensure to include all the supporting documents you need for a solid and complete EB-1 application.

5 - Notice of decision

Lastly, USCIS will thoroughly review your petition and then issue a decision notice. This formal notice outlines the final decision regarding your EB-1 application. Our team will work closely with you throughout the process to ensure that your application is solid and complete, leaving no room for unnecessary delays or issues.

6 - Consular Processing, or Adjustment of Status

Discover the final steps of the EB-1 classification process in our comprehensive guide, ‘EB-1 Classification Final Step Demystified‘.

Consular Processing; Requesting EB-1 Visa

If you’re outside the U.S., ‘Consular Processing’ is the path for you. Once your petition is approved, you apply for the EB-1 visa at a U.S. consulate in your home country or place of legal residence. The Consular Processing enables you to obtain the necessary visa stamp in your passport, a prerequisite for U.S. travel. Rest assured, our expert team at ImmigrateFast.Law will guide you through the Consular Processing, ensuring a smooth transition towards achieving your American dream.

Adjustment of Status; Applying for EB-1 Green Card

If you’re already here on a non-immigrant visa, then ‘Adjustment of Status’ is the way forward. In the EB-1 category, this process allows you to apply for a Green Card without needing to return to your home country. With ImmigrateFast.Law by your side, the transition to lawful permanent resident status becomes more manageable. Our dedicated team assists in navigating the complexities, ensuring a seamless progression from your current status to holding a cherished U.S. Green Card.

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Get in Touch with Our Attorneys

+1 (714) 576-4874

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