What is EB1 VISA Lawyer in 2023? How to Choose the Best EB-1 Green Card

Have you been search for what EB1 VISA Lawyer in 2023 is all about? if yes, then follow us as we guide you on how to choose the best EB-1 green card lawyers.

About EB1 VISA Lawyer

Among all employment-based possibilities, the EB-1 green card is one of the quickest routes to gaining U.S. permanent status. For many foreign employees in the U.S., it is their top choice for immigration to the country for employment. The employment-based green card first-preference category is called EB-1. Under the employment-based rank, 140,000 applicants earn green cards each year, but each nation is only allowed to take in 7% (9,800) of that number.

Every year, a large number of EB-1 employment immigrants are helped by our attorneys to enter the country. We arrange a consultation, expedite the procedure, and maximize the benefits of employing foreign workers for your company.

What is EB1 VISA Lawyer in 2023

The employment-based (EB) categories come in five main varieties. The first is EB-1, which is reserved for people who are considered to be “priority workers,” giving them first priority in getting a green card. The EB-1 Green Card is predicated on the participant having exceptional skills related to their line of work. There are three separate priority worker subcategories that will be eligible under the EB-1 category.

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Extraordinary Ability (EA)

- Evidence of superior abilities in the field of science, art, education, business, or athletics. Must be able to provide relevant proof of recognition.
Outstanding Professor and Researcher (OPR)
- Intended for highly-acknowledged scholars or scientists.
Multinational Executives and Managers (MEM)
- Executives or managers of multinational companies who are starting a new office/business in the United States. The other option is being an executive or manager who is being transferred to the United States by a reputable international company.

Due to the fact that a PERM Labor Certification is not necessary, the EB-1 option is quite well-liked. To ascertain whether a U.S. worker is capable of fulfilling the position’s criteria, a labor certification is often an involved and expensive filing process. When a labor certification is needed, the applicant runs the possibility of being turned down, which could limit their time and financial resources.

There is no requirement for a long-term job offer for the EB category. In other words, the applicant is qualified to file the petition on his or her own behalf. However, a permanent work offer is necessary for the OPR and MEM categories. Only the applicant’s U.S. employer is authorized to submit the petition.

Having an EB-1 Green Card has the additional benefit of being perpetually current. This implies that the applicant doesn’t have to wait a long time for their application to be assessed and approved for an immigrant visa by the Department of State (DOS). This starts the green card application process and places the applicant on a faster track to file an adjustment of status.

When dealing such crucial visa concerns, it is imperative to retain EB-1 green card attorneys that have experience and an understanding of the procedure.

What Are the EB1 VISA Lawyer Requirements?

Only those with documentation demonstrating that they have received peer or mentor recognition as being at the pinnacle of their professions and fields will be granted EB1 VISA Lawyer by the USCIS. If you do not know what to gather, gathering all the documentation or evidence to demonstrate that you have received such acknowledgment might be a laborious procedure.

It is easier to prevent delays in the processing of your EB-1 visa if you have all of these documents ready. Furthermore, submitting a full docket of all required papers does not ensure your acceptance; the USCIS will assess each case on an individual basis to determine whether an EB1 VISA Lawyer is necessary.

You must have won a globally acknowledged prize of great significance, such as the Nobel Prize, in order to be granted an EB-1 visa. If you haven’t already, you must fulfill three out of the 10 criteria listed below and show evidence of your achievements if you haven’t already.

You won a prize for your area of expertise that was acknowledged nationally or internationally but isn’t commonly regarded as “significant” or “major.”
You hold membership in a highly regarded organization that is recognized both nationally and internationally.
Major news outlets have printed or published articles on you, your achievements in the field, and your qualifications.
To evaluate the work of other experts in your profession, you have served as a judge or panelist.
You are recognized for new discoveries in your field, intellectual works, or commercial impacts that others deemed important.
You have written books or articles on your area of expertise that have been published by or in prestigious news outlets.
The work you produced was seen to the public or private art exhibits and exhibitions of scientific work.
You’ve either led or made a major contribution to a top organization in your industry.
When compared to others in the same field, you have a very high pay for your level of specialization.
You have achieved commercial success as a result of your performing arts endeavors.

Any and all official comments and documentation you can locate will be helpful when you’re trying to prove three of the aforementioned 10 criteria. Gather letters from former, present, and potential employers as well as other documents that highlight your accomplishments, such as a contract or news story. T

Include a clear, agreed plan because the USCIS will want to know how you intend to carry on with your work or speciality once you start working there.

Knowing how to obtain your EB1 VISA Lawyer for extraordinary abilities is only part of the process. Actually going through the steps and navigating immigration law is the real challenge. Prepare yourself and maximize your chances of success by choosing to work with our Dallas EB1 VISA Lawyer attorneys today.

How to Choose the Best EB1 VISA Lawyer Green Card in 2023

In order to choose a good EB-1 green card lawyer you should consider several factors to ensure that you work with a qualified and experienced professional. Here are some key points to consider:

Specialization – Look for a lawyer who specializes in EB1 VISA Lawyer green card cases and has a proven track record of success.
Credentials – Check the lawyer’s credentials, such as their education, professional memberships, and certifications.
Communication – Your lawyer should be responsive to your questions and be able to keep you updated about your case.
Legal Fees – Look for lawyers that have transparent billing structures, and make sure you understand the costs involved.
Personal Approach – A good lawyer will offer a personalized approach and take the time to understand your unique situation and goals.

EB1 VISA Lawyer Green Card Application Process

Here’s a brief summary of the application process for each subcategory within the EB1 VISA Lawyer category:

Extraordinary Ability: Individuals may petition for themselves by filing Form I-140, Petition for Alien Worker. The EA category does not require a PERM Labor Certification or a job offer from a U.S. employer which is why it’s one of the fastest methods out there.
Outstanding Professors and Researchers: Must be filed by an employer Form I-140, Petition for Alien Worker. While the OPR category does not require a PERM Labor Certification it does require a permanent job offer from a U.S. employer, unlike the self-petitioned EB-1A cases.
Multinational Manager or Executive: Must be filed by an employer Form I-140, Petition for Alien Worker. It’s important to note that the manager or executive must have been employed outside the United States with the related foreign company for 1 year in the preceding 3 years. The employment must have been in a managerial or executive capacity.

EB1 VISA Lawyer Processing Time

The first thing to know about the processing time for EB-1 or for any visa is that there are often several factors that cause it to vary widely. The first is the caseload of the service center that is processing your petition—the busier the center, the longer it will take to process. The second factor is the complexity of your case. If the USCIS issues an RFE or a NOID, it will cause delays in your processing. Thirdly, you will need to factor in your priority date and how long it will take to become current, which varies based on your country of origin. Fortunately, unlike the other employment-based green cards, you do not have to add the PERM processing time into your overall timeline. For us, the goals of your business are our number one priority – we strive to help your business succeed by bringing your EB1 VISA Lawyer foreign workers as soon as possible. Schedule a consultation to discuss your business strategy for hiring international talent.

I-140 Processing Time

The first step to getting an EB-1 is filing an I-140 petition with the USCIS. This is the step that is the most susceptible to delays based on the first two factors mentioned above. The service center’s caseload and the complexity of your case will influence how long it takes to process the petition. On average, however, it takes about six months to process.

If a six-month average is too long for you, you can opt to pay an extra fee for premium processing, which will expedite your petition’s processing time down to just 15 calendar days. This does not increase your chances of getting approved and it is not available for the EB-1C.

The I-140 Form can also be delayed depending on this next aspect of the EB-1 processing time, the status of your priority date.

Priority Dates

Your EB-1 green card priority date is the day that the USCIS obtains your I-140. You will need to check the Department of State’s monthly visa bulletin for the latest posted final action dates, which are separated according to the beneficiary’s country of origin. Once the final action date for your country matches or passes your EB-1 priority date, your priority date will be considered current and you can move on to the last phase.

It is important to note that the time it takes for priority dates to become current can sometimes be as long as several years for some countries. The more people that apply for the EB-1 from your country, the longer it will take. Even if you use premium processing to expedite your petition, you will still need to wait for your priority date to be current before moving forward. In many cases, the date will automatically be current (denoted by a “C” on the visa bulletin). This means that you can move on as soon as your I-140 is approved.

Adjustment of Status vs Consular Processing

This last phase of your EB1 VISA Lawyer processing time will depend on which option you choose between adjustment of status and consular processing.

Adjustment of status involves filing an I-485 application to have your status “adjusted” from nonimmigrant to immigrant status. For this reason, you must have a valid nonimmigrant status at the time of your I-140 approval (such as an H-1B or O-1 visa) and you must be in the U.S. The I-485 takes about six months to process and premium processing is not available.
Consular processing is available for those with a valid nonimmigrant visa status and is mandatory for those that do not have a nonimmigrant status. You must make an appointment with the U.S. Consulate or Embassy in your home country, which may be scheduled out several weeks or several months in advance depending on how busy the consulate is. Once there, you will take part in a one-on-one interview with a consular officer to determine whether or not your case merits an EB-1 green card. Consular processing has the potential to take less time than the I-485, and so can be an attractive option for those who are pressed for time.

How Much Does the EB1 VISA Lawyer Cost?

Here is a breakdown of the basic mandatory fees you will encounter while pursuing an EB-1 green card:

$700 I-140 basic filing fee. If an employer is filing on your behalf, they will be responsible for this fee.
$750-$1,225 fee for the I-485 application. This cost varies depending on your age, with the lower costs going to children and the elderly. Remember that this is only applicable if you are adjusting your status.
$85 biometrics fee
$325 DS-260 application fee. This is only applicable if you are using consular processing.
- $88 fee for the Affidavit of Support, which is required along with a DS-260 application.

You should also factor other costs into your EB-1 processes such as traveling costs and attorney fees. You can see our flat rate for employment-based green cards on our fees page.