Irvine EB-1 Visa Lawyer

Helping Clients in Orange County Obtain Work Visas

The EB-1 (first preference) visa is available for persons who have met one of three categories:

1. Extraordinary Abilities
2. Exceptional Professors and Researchers
3. Multinational Executives and Managers

Do I Need A Job Offer?

The EB-1 Extraordinary Ability category does not require a definitive job offer. However, outstanding managers and executives as well as professors and researchers should have job offers which meet some particular requirements. For EB-1 priority worker visa candidates, they should demonstrate prove of their accomplishments and abilities by meeting general requirements set by USCIS.

What If I Don't Meet the Application Requirements?

Keep in mind that the EB-2 visa is always a viable option for applicants who have not met the EB-1 visa application requirements. This type of visa applies to professionals who are in possession of advanced degrees as well as persons with extraordinary abilities. Persons holding advanced degrees should show their advanced degree documentation or bachelor’s degree documentation with 5 years of comparable working experience in either a similar or related field.

How to Apply for EB-1 Visa

• Extraordinary Ability: You can file Form I-140, Petition for Alien Worker.
• Outstanding Professors and Researchers: An employer files Form I-140, Petition for Alien Worker on your behalf.
• Multinational Manager or Executive: An employer files USCIS Form I-140, Petition for Alien Worker on your behalf.

EB-1: Outstanding Professors and Researchers

To be considered for an Employment Based First Preference (EB-1) visa, you have to meet specific requirements for three different categories:

• “Outstanding Professors and Researchers”
• “Multinational Manager or Executive”
• “Extraordinary Ability”

This page covers outstanding professors and researchers.

Qualifications

To qualify for the Outstanding Professors and Researchers category, you must have:

• 3+ years teaching/experience in your field of expertise
• Be internationally recognized for your academic work
• Have a job offer in a university level tenure track teaching position or comparative higher education level research position

Documentation

You need to have evidence of a job offer from your potential employer in the United States --AS WELL AS-- two or more (2+) of the following evidence:

• Awards or recognition of outstanding achievement in your field
• Membership in academic associations that only accept professors and researchers that have made outstanding contributions in their field
• Your published work – original scholarly or scientific contributions to your field
• Any articles or books you co-authored that were published in international academic journals
• Writings that other academics have published about your work in journals or other professional publications
• Proof that you have been a judge, or part of a judging panel, to assess the work of others in your field or a related field

EB-1: Extraordinary Ability

To be considered for an Employment Based First Preference (EB-1) visa, you have to meet specific requirements for three different categories:

• “Outstanding Professors and Researchers”
• “Multinational Manager or Executive”
• “Extraordinary Ability”

This page covers Extraordinary Ability.

Who Qualifies to Self Petition under Employment, First Preference (EB-1)?

The EB-1 extraordinary ability classification is for people who are at the top of their field, have received international acclaim, and wish to enter the United States to work in their recognized field. Further, the applicant must prove that their entry will substantially benefit the United States.

To be eligible, you must prove that you possess "extraordinary abilities". This is discussed below.

What Is Considered an “Extraordinary Ability”?

Generally, the USCIS has provided guidance as to what is considered "extraordinary ability."

The applicant must be the recipient of a major internationally recognized award, or, in the alternative, prove that you satisfy three of the ten requirements listed below:

• Receipt of a lesser nationally or internationally recognized award;
• Membership in an association requiring outstanding achievements;
• Publication of your work in major publications or the media;
• Serve as a judge on a panel related to your field;
• Original contributions to your field that are of major significance;
• Authorship of articles in professional journals or other media;
• Work displayed in major artistic exhibitions;
• Leading role for a reputable organization;
• Receipt of a high salary;
• Commercial success in the arts;

Each category can be further broken down into subcategories. In short, you must demonstrate that you are at the very top of your field and that you have achieved international acclaim for your work. An experienced employment immigration attorney will showcase each of your achievements in order to satisfy the "extraordinary ability" requirement.

EB-1: Multinational Managers or Executives

To be considered for an Employment Based First Preference (EB-1) visa, you have to meet specific requirements for three different categories:

• “Outstanding Professors and Researchers”
• “Multinational Manager or Executive”
• “Extraordinary Ability”

This page covers outstanding multinational mangers or executives.

Qualifications:

To qualify for the Multinational Managers or Executives category, you want to meet the following requirements:

• One or more (1+) years of work experience as a manager or executive with a firm/company outside of the U.S. at some point in the three (3) years before your petition
• A U.S. employer petitioning for you that has been operating for at least one (1+) year in the U.S.
• Plan to continue work with that same company or its affiliates or subsidiaries in the U.S.

Benefits of Obtaining an EB-1 Visa

Obtaining an EB-1 visa can offer numerous benefits for individuals looking to work and live in the United States. This visa category is designed for individuals with extraordinary abilities, outstanding professors and researchers, and multinational managers or executives. Some of the benefits of obtaining an EB-1 visa include:

• Priority processing for visa applications
• No requirement for a job offer or labor certification
• The ability to self-petition for the visa
• The opportunity to apply for a green card after holding the visa for a certain period of time
• The ability to bring dependents to the United States

Our experienced EB-1 visa attorneys in Irvine, CA can guide you through the application process and help you understand the potential benefits of obtaining an EB-1 visa for your specific situation.

Call an Irvine EB-1 Visa Attorney Today

If you are unsure which visa is right for you or have questions regarding your eligibility, reach out to the EB-1 visa lawyers in Irvine at Yekrangi & Associates. Our team is made up of skilled immigration attorneys backed by years of experience. We are prepared to take a look at your situation and determine if you are eligible to apply and which employment-based visa is right for you. Do not hesitate to reach out to us and schedule a consultation if you are in Orange County. Our services are available in English, Spanish, Farsi, and Mandarin.

To schedule a consultation with Yekrangi & Associates, call (949) 478-4963 or contact us online. We serve clients throughout Orange County.