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Expertise - Best Employment Lawyers in Santa Clara 2021
Expertise - Best Employment Lawyers in Santa Clara 2022

Eb-1 Visa Application

EB-1 (First Class Priority Employment Immigration Application) is an industry elite who has outstanding skills and talents in various fields and will continue to work in the same industry. The EB-1 visa is the first priority visa and the fastest type of visa to get the green card. Unlike EB-2 and EB-3, EB-1 visa applicants do not have to go through a lengthy “labor department verification” process, and only need to wait for 4-6 months to get a green card.

The biggest advantage of the EB-1 visa over other occupational immigration green cards is that, because there is no schedule, I-485 (transfer status application) can be submitted together with the application of I-140 (immigration application). The I-485 application means that the applicant can quickly obtain an early departure permit and work permit, and the applicant’s family member can also apply for I-485 at the same time.

Here are three different EB-1 visa segments:

  • Special Talents (EB-1A) – This category is established for those who have made outstanding contributions and achievements in the fields of science, art, education, business and sports. Such talents must be nationally or worldwidely recognized.
  • Distinguished Researcher / Distinguished Professor (EB-1B) – This category is for researchers and professors whose international academic achievements are widely recognized internationally.
  • Multinational Manager (EB-1C) – This classification is for senior management executives who are transferred to relevant US companies.
Comparison of EB-1 visas and other types of professional immigrant visas

Here we would like to point out that EB-1A visas do not require an employer to apply for them, and EB-1B and EB-1C require employers to apply for them. No employer (self-service application) application is a huge advantage for EB-1A applicants, compared to most other professional immigrants (going out to NIW).

Secondly, it is a very important advantage to not need to pass the labor department audit. The labor department’s audit is a very long, time-consuming and money-consuming process. Employers need to first try to hire the same position in the US market, and prove that among Americans, it is impossible to find a suitable, willing person to take up the position. If there is a suitable American worker, the Labor Department verification will be rejected. So the EB-1 visa does not require the Ministry of Labor to verify that this advantage is very huge.

So let’s summarize some of the advantages of EB-1:

  • No need for labor department verification
  • No scheduling, no waiting
  • If the applicant is in the United States, you can apply for an early departure permit and work permit at the same time.
  • EB-1A and EB-1B can be expedited and the results can be obtained in 15 days. The EB-1C cannot be expedited for the time being.
  • EB-1A applicants can apply for self-help without the need for an employer to help.

Please also note that applicants who meet the EB-1 criteria may also apply for a national benefit exemption.

EB-1 standard

The three different EB-1 classifications mentioned above have different standards.

EB-1A Special Talent Applicants need to demonstrate their “special talent” in science, art, education, business or sports, which can be demonstrated by national or world-class awards or recognition. Eligible EB-1A applicants may offer the above-mentioned single award or accreditation (Pulitz, Oscar, Olympic medals) or must meet at least three of the ten conditions below.

Applicants for EB-1B Distinguished Professors must demonstrate that they have been researched or taught in the relevant academic field for three years and their academic achievement is internationally recognized. In addition, the applicant must enter the United States for the purpose of continuing to study or teach in the same field of a university or higher, or to enter a private employer, but the employer must also engage in related research for more than three years.

EB-1C multinational manager applicants must meet the conditions of being a senior manager of a foreign affiliate company for at least one year in the past three years. A foreign affiliate must be a parent company, a subsidiary, or a specially licensed joint venture with a US company. EB-1C applicants must continue to hold senior management positions after coming to the United States.

EB-1A – Auditing Standard for Special Talents

According to immigration regulations, special talent means that applicants in this field must be among the top talents with the highest level of talent in the field. EB-1A applicants must meet the following requirements:

  1. Ongoing national or world-class accreditation – Foreign applicants must have ongoing national or international recognition in science, art, education, business or sports.
  2. Recorded achievements – achievements of foreign applicants have been documented in various fields, saved
  3. Important international awards or “Ten Three Guidelines” – applicants are required to obtain a mainstream international awards, similar to the Nobel Prize (a); if a condition is not met, then meet (b): three of the following ten conditions: by Sub- or small-level national-level international awards Become a member of the top group in the field. It has been published in large newspapers, magazines, and various media, and has been invited to judge through its own professional standards. other individuals working in the field of professional judgment made significant contributions in research, teaching, art, sports, business-related field proven academic research articles have appeared in major publications specializing in works of art played in art exhibitions or performances on display in outstanding Leadership in the organization of the person In the relevant field, the income or reward is more successful than other personal performances in the field.
EB-1B – Distinguished Scholar and Professor

The EB-1B visa is for those who are internationally recognized for their outstanding achievements in academia. Unlike EB-1A, which can be self-employed, EB-1B must have an application from a US employer (also known as a petitioner). The EB-1B applicant/beneficiary must meet the following criteria:

  • Three years of experience: Beneficiaries must have three years of teaching or research experience. If the teaching and research experience is obtained during the beneficiary’s doctoral degree, then if the beneficiary completes a doctoral degree to obtain a doctoral degree, the experience can be calculated, but it needs to meet the following: Note: During the study of the beneficiary’s reading or postdoctoral period, Must be certified as “excellent” to make the study compliant. Note: The teaching during the beneficiary’s reading of the blog must be in accordance with the conditions of the beneficiary’s full responsibility to teach the course before it can be certified.
  • Have a tenured professorship or a permanent position: a tenured professor or permanent position that a beneficiary must provide after entering the United States. Note: If the position is proposed by a private employer, the employer must have hired three full-time academics/researchers (documented results but no outstanding achievements).
  • Meet two of the following six conditions and provide proof that you have won major mainstream awards for outstanding achievements. Because outstanding achievements have become members of the industry’s top organizations, others have written in professional publications, and about applicants and Articles on its research content As judges to judge other people’s work and research in this field of expertise Original research contributions Any written work or literature on the field (international circulation of newspapers and magazines)

Please note that the employer must clearly indicate in the job offer that this will be a tenured professor or research position.

If you want to immigrate via an EB-1 visa, please find an experienced immigration attorney to communicate to determine that you are eligible for EB-1.

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