Call Pathak and Feldman Immigration Law Firm today at 312-321-4773 to answer your questions about how to obtain an EB-1 Visa.

Who is Eligible for EB-1 Visas

1. “Extraordinary Ability”-Demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Extensive documentation must reflect your recognized achievements in your field. An offer of employment requirement does not apply.
2. “Outstanding professors and researchers” who has demonstrated international recognition for your outstanding achievements in a particular academic field. Requires 3 or more years experience in teaching or research in that academic area.
3. A firm or corporation employs a “multinational manager or executive” outside the United States for 1 or more of the past 3 years. You must be seeking to enter the United States to continue service to that firm or organization.
4. Maintenance of nonimmigrant status, or remaining outside the U.S. until completion of the Immigrant Visa process, is critical to the successful completion of an EB-1 adjustment of status (“green card”). Pathak and Feldman can help you obtain an EB-1 Green Card.

What is the Process to Obtain an EB-1 Green Card, U.S. Permanent Resident Status?

1. The foreign national applicant should file Form I-140 application, Petition for Alien Worker, with required evidence to USCIS. (You may concurrently file Form I-485 application with the Form I-140 petition)
2. Upon approval of Form I-140, the foreign national beneficiary should file Form I-485 application for adjustment of status if a visa number is available, and if the beneficiary is in U.S. (On the other hand, if the beneficiary is outside the United States, the foreign national could complete the immigrant visa process at the nearest U.S. consulate office abroad.)
3. After USCIS approves the Form I-485 application, Beneficiary becomes a Lawful Permanent Resident (“green card” holder).
4. If the beneficiary successfully completes the immigrant visa process overseas, the beneficiary can enter the U.S. using the immigrant visa attached to the passport. Before production of the “Green Card”, the immigrant visa in the passport demonstrates immigrant status.

Evidence Required for Extraordinary Ability Petition:

The EB-1A petitioner should submit evidence to USCIS to establish that the beneficiary is “at the top of the field”. Supporting evidence must include substantial documentation tending to prove at least 3 of the following 10 criteria:

1. Material published in professional, major trade journals or other prestigious media related to the foreign national’s extraordinary work in the field. Such evidence shall include the title, date, and author of the material, and any necessary English-language translation.
2. Documentation of the foreign national’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
3. Documentation of the foreign national’s membership in associations which require outstanding achievements of their members, as judged by recognized national or international experts in their discipline or field.
4. Evidence of the foreign national’s individual or panel participation as a judge of the work of others in the same or an allied field.
5. Evidence of the foreign national’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
6. Evidence of the foreign national’s authorship of scholarly articles in the field, in professional or major trade publications or other major media.
7. Evidence of the display of the foreign national’s work in the field at artistic exhibitions or showcases.
8. Evidence that the foreign national has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
9. Evidence that the foreign national has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or media sales.

The EB-1A supporting evidence must meet the following requirements:

• Expert immigration counsel must determine which of the 10 criteria the foreign national satisfies, and must provide substantial evidence to exceed the burden of proof for each individual criterion.
• Evidence the foreign national is nationally or internationally recognized as “one of the small percentage of individuals at the very top of their field”.

What are Some Applications for the EB-1 Green Card?

• Extraordinary Ability: You may petition for yourself by filing a Form I-140, Petition for Alien Worker.
• Outstanding Professors and Researchers: Your employer must file a Form I-140, Petition for Alien Worker.
• Multinational Manager or Executive: Your employer must file USCIS Form I-140, Petition for Alien Worker.

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Get up-to-date EB-1 Green Card facts.

Where to Begin?

As you undertake the complicated process of requesting an EB-1 green card permanent resident status, it is tremendously helpful to receive specialized guidance and assistance.  Pathak & Feldman expanded to serve the Midwest region, with Chicago, Columbus and Indianapolis locations. We’re here to provide caring and knowledgeable assistance from start to finish of your EB-1 green card process.

Pathak & Feldman Helps to Obtain an EB-1 Visa. Call us at 312-321-4773 today to schedule a consultation!