An EB1 visa is an employment-based United States immigration visa that grants permanent residency to immigrants who possess extraordinary abilities. If you are a leader or innovator in your professional field, you may qualify. A Chinese EB1 attorney in Las Vegas file for this petition on your behalf if you wish to immigrate to Nevada or anywhere else in the United States.
Many Chinese immigrants who wish to move to the United States opt to file for an EB1 visa because the wait for acceptance is much shorter than is typical for other types of visas, which can take years to process. The immigration lawyers at Wendot Law can review your case and tell you if you qualify.
What Are the EB1 Categories?
Employment-based, first preference visas are for priority workers with;
- EB1A: Extraordinary ability
- EB1B: Outstanding professors and researchers
- EB1C: Multinational executives and managers
To be eligible for an EB1 visa, you must:
Possess “Extraordinary Ability”
You must possess extraordinary ability in the sciences, arts, athletics, business, education, or the sciences. Your abilities must be nationally or internationally recognized with sustain acclaim from relevant sources. All achievements must be substantiated with extensive documentation.
Outstanding Professor or Researcher
You must demonstrate international recognition for outstanding achievements in your particular academic field. Three years’ experience teaching or researching in that academic area is required. Your purpose for entering the United States must be to pursue tenure or a tenure track in teaching or research at a university or college.
Multinational Manager or Executive
Employment with a multinational firm outside the United States for at least one year is required by said firm or corporation during the three years preceding the petition. The purpose of your petition must be to enter the United States and continue working for the same firm or organization. Your position at the firm outside the United States must be in a managerial or executive capacity. The position must be with the primary employer, an affiliate, or a subsidiary of the company.
Wendot Law Group specializes in EB1 petitions and works tirelessly to ensure our clients have the best chance at success.
How Do I Qualify for an EB1 Visa?
What you will need to prove to qualify for an EB1 visa will depend on what type of EB1 petition you choose to file.
Qualifying for EB1A
What kind of evidence do you need to qualify for an EB1A? For a successful EB1A immigration petition to the United States, you will need to meet at least three of the following categories:
- Evidence of receipt of a major, internationally recognized award for outstanding achievement, such as an Oscar or a Nobel Peace Prize
- Evidence of membership in professional associations that require their members to demonstrate outstanding achievements as judged by a panel of experts in the field
- Evidence of original scholarly or scientific contributions to your field
- Evidence of authorship of scholarly articles or books in your field
- Evidence of judging the work of others in your field, either individually or as part of a panel
- Evidence of published materials about you in major media or trade or professional publications
- Evidence that your work has been displayed at significant exhibitions
- Evidence of higher-than-average salary in your field
- Evidence of commercial success, such as box office receipts or video sales
- Evidence of performing a leading or critical role for an association with a distinguished reputation
Even if you meet three or more of these criteria, you still may not qualify. To determine if your petition is in the best interest of the United States, a USCIS officer will also review your case to determine if you have sustained critical acclaim in your field.
Qualifying for EB1B
To qualify for an EB1B visa, you will need to prove that you are internationally recognized in your specific area of academics and that you have at least three years of research or teaching experience in your field.
Qualifying for EB1C
To qualify for an EB1C visa, you must have a job offer from a company in the United States that wishes for you to work for them in an executive or managerial role.
Do You Need Labor Certification for EB1?
You do not need labor certification for an EB1 visa. However, you will need to meet certain requirements that will be based on your occupational category. In some cases, however, this can strengthen your petition. A Las Vegas EB1 immigration lawyer can tell you whether or not labor certification can benefit you.
Can I File EB1 Myself?
You can file an EB1 yourself, but it may not be the most advisable option. USCIS officers will look for any reason to deny your petition, and one small mistake can set you back month or even years in the process. Working with an immigration attorney will ensure that costly mistakes are not made during the process, giving you the best possible chance of having your petition swiftly approved.
How Long Does EB1 Visa Take?
The average processing time for an EB1 visa is eight months, and after that it will take approximately six more months to issue your permanent resident card.
How Much Does it Cost to Get an EB1 Visa?
As of August 2021, it costs $1,045 to get an EB1 visa. This includes the Department of State visa processing fee of $345 and the USCIS Form I-140 filing fee of $700. Hiring an immigration attorney will add to the cost, but it can also save you time and money by avoiding mistakes.
Can My Family Come With Me On an EB1 Visa in Las Vegas, NV?
Yes, certain immediate family members can come to the United States with you if your EB1 petition is approved. This includes your spouse and any unmarried children under the age of 21. In fact, the immigration lawyers at Wendot Law have helped many EB1 petitioners and their families to come to the United States.
How to Apply for the EB1 Visa?
To apply for an EB1 visa, you can go directly to the USCIS website to fill out the form or visit an immigration lawyer who can expertly guide you through the process.
Reach out to the team of Las Vegas Chinese immigration lawyers at Wendot Law to learn more about your options. During your free consultation we will review your case and tell you if an EB1 visa is the right choice for your situation.