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EB-1 Visa

What is a EB-1 Visa?

The EB-1 visa is an employment-based, first-preference visa. It is for people who are extraordinary researchers, professors, multinational managers or multinational executives. You can also apply for this visa if you have an extraordinary ability that could make you an asset to the U.S.

If you think you are eligible and would like to apply, it is useful to speak to an immigration attorney for your EB-1 visa. An immigration lawyer in Austin, Texas, such as a member of the team at Morales & Sparks, can help you understand whether you are eligible and can help you navigate the application process. If you’d like to speak to an immigration attorney in Austin or the surrounding area about your EB-1 visa, contact Morales & Sparks for a consultation.

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EB-1 Visa Application Requirements

To apply for the EB-1 visa, you need to meet certain eligibility criteria, which vary depending on the type of EB-1 visa application you are choosing:

1) Possess an Extraordinary Ability

To be eligible, you must demonstrate nationally-recognized or internationally-recognized achievement in the field of arts, sciences, business, athletics or education. Your achievements need to be documented and should either be over a longer period of time or should show one extraordinary recognition, such as an Oscar award, Olympic medal or other recognition of that caliber.

If you can show a high level of extraordinary ability, you do not need to show you have a job offer in the United States to be eligible for an EB-1 visa.

If you are applying as a candidate with extraordinary ability, you must be able to show at least three of the following qualifications:

  • Proof of national or international respected awards for ability, skill or excellence
  • Documented proof you have been featured in published materials which are major trade publications, major media outlets or major professional publications
  • Documentation you have been asked to evaluate the works of others
  • Membership in achievement-based associations in your area of specialist
  • Proof your work has been featured in major showcases, exhibits or other demonstrations of ability
  • Your published scholarly work in major media, key trade publications or professional publications
  • Proof you have made key contributions to your field
  • Documentation of commercial success, if your field is the performing arts
  • Evidence you receive a significant wage or compensation for your abilities, when compared with others in your area
  • Proof you play an important role in recognized associations or organizations

2) Be an Extraordinary Researcher or Professor

If you have three or more years of teaching or research experience in a specific field and you have received international recognition for your work, you may be eligible for an EB-1 visa. To qualify for the visa, you must be pursuing a tenure track, tenure or similar level position at an institution of higher learning, and you must have an offer of employment from this institution.

If you are applying as an outstanding researcher or scholar, you will need to provide evidence of at least two of the following:

  • Membership in academic or other organizations demanding extraordinary achievement from members
  • Major prizes for accomplishment in your field
  • Original scholarly or scientific contributions
  • Publications in scholarly international publications in their area of study
  • Participation as a judge of other works in the field
  • Publications about the applicant’s work by others in professional journals or publications

3) Have Experience as a Multinational Executive or Manager

To qualify under this category, you must be able to prove you have been employed as a manger or executive outside the United States in your position for one year or more of the previous three. You can only apply if you intend to continue working for the same company or organization after you enter the United States.

To apply for an EB-1 visa as a multinational manager or executive, your employer needs to sponsor you. To be eligible for sponsorship, your employer must have been in business for one year and must be the same company you have worked for abroad or a subsidiary or affiliate of that organization.

The EB-1 Visa Application Process

If you can demonstrate you meet all the eligibility requirements for an EB-1 visa, you may file Form I-140 (Petition for Alien Worker). If you are applying as a multinational manager or executive, or a researcher or professor, your employer must file USCIS Form I-140 (Petition for Alien Worker).

Why Hire a Lawyer for an EB-1 Visa Application?

If you qualify for an EB-1 visa, you may have many ways to prove you have extraordinary achievement and ability in your field. How can you best prove you qualify for a visa? When you work with the immigration legal team at Morales & Sparks, you are working with caring attorneys who understand how to prove your eligibility. The legal team at Morales & Sparks can guide you through the process, answer your questions and help support and represent you during the application process. If you’re ready to apply for an EB-1 visa or have questions about any immigration matters in Austin, contact Morales & Sparks for a consultation.

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