Applying for the EB1 Green Card:
All You Need to Know

It is easy to get overwhelmed when navigating the EB1 Green Card process. Contact the Law Offices of Leonelba Martinez for advocacy and representation. Call now!

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What Is the EB1 Green Card?

EB1 green cards are priority employment-based permits that allow foreigners to live and work permanently in the US after successfully obtaining EB1 immigration visas.

The green card is available to business professionals, researchers, and even celebrities with international acclaim as long as they meet the United States Citizenship and Immigration Services (USCIS) requirements.

If you are a professional or business person looking to immigrate to the US permanently through the employment route, an EB1 green card may be appropriate for you. An experienced Boynton Beach immigration lawyer can assess your case and determine if you qualify for an EB1 green card.

Who Can Apply for the EB1 Green Card?

There are three categories of individuals that are eligible for the EB1 green card as follows:

Individuals With Extraordinary Ability

Foreign nationals who demonstrate extraordinary ability in areas such as the sciences, arts, business, or sports may qualify for the EB-1A visa, also known as the extraordinary ability green card.

To demonstrate that you have sustained national or international acclaim and that your achievements are widely recognized in your field, you need to provide either evidence of a major internationally recognized award or three out of the ten USCIS requirements for qualification. Among these requirements are evidence of:

  • Receiving lesser national or international awards or prizes

  • Professional publications, trade publications, and other major media outlets that feature you

  • Contributions to science, scholarly work, the arts, athletics, or business-related contributions of major significance

  • Authorship of scholarly articles in professional or major trade publications or other major media

  • Your commercial success in the performing arts

 

Outstanding Professors and Researchers

For the EB-1B green card, you must have at least three years of teaching or research experience in your field of expertise. You also must demonstrate international recognition for your academic achievements and contributions to scholarly research. The USCIS also has a list of required evidence. An applicant must provide at least two of these and an offer of employment from a US institution. Labor certification is not required, but employers must demonstrate that they employ at least three full-time researchers.

 

Multinational Manager or Executive

EB-1C green cards are also available to foreign business professionals who have worked in a leading or critical role in a managerial or executive capacity for at least a year with a foreign company before applying. The petitioning employer must be a US company that has been in business for at least a year and has a qualifying relationship with the employer where the applicant worked.

How to Apply for the EB1 Visa/Green Card

For EB1 green cards, you must file Form I-140 with the USCIS. Your employer has to file the form on your behalf if you are an outstanding professor/researcher or a multinational business executive.

If the petition is approved and you’re outside the US, you may need to process your visa with the consulate or embassy where you reside. If approved, you can travel and receive your green card after arriving in the US.

If you are already in the US, you can concurrently file Form I-140 (Petition for Alien Worker) and Form I-485 (Adjustment of Status) along with any other document required by the USCIS.

If the initial petition is approved, spouses and children of EB-1 visa petitioners can apply for a visa under the E14 or E15 immigrant category. You can consult a family immigration lawyer for help with this.

How Can an Attorney Help?

Obtaining an EB1 visa/green card is one of the most difficult immigration processes due to the numerous requirements and paperwork involved. Having an immigration attorney to guide you through the process and help you avoid mistakes in your application can significantly increase your chances with the USCIS.

At the Law Offices of Leonelba Martinez, we can represent you throughout the EB1 immigration application process. Our K1 Visa Lawyer and U Visa Attorney can also answer any questions you might have on visas for victims of crimes or the issuance of a fiance visa.

So, if you need a skilled immigration attorney for further legal advice and immigration information, we are willing and able to serve you. You can visit us at 1325 S Congress Ave, Suite 205, Boynton Beach, Florida 33426, or call (561) 803-0633 to set up a meeting.