Tampa EB-1 Visa Attorney

What is an EB-1 Visa?

The EB-1 visa, also known as the Employment-Based First Preference visa, is designed for individuals who demonstrate extraordinary ability in their field. This visa provides a path to permanent residency (green card) for individuals in three specific categories:

1. Extraordinary Ability (EB-1A) – For individuals with extraordinary ability in fields such as science, arts, education, business, or athletics.
2. Outstanding Professors and Researchers (EB-1B) – For professors or researchers who have achieved international recognition for their work.
3. Multinational Executives or Managers (EB-1C) – For executives or managers of multinational companies who have been employed by the company for at least one year outside the U.S. and are being transferred to a U.S. branch.

This visa category is highly sought after because it does not require a labor certification (PERM) and allows for a quicker processing time compared to other employment-based green cards. However, the EB-1 visa requires extensive documentation to prove your qualifications.

Eligibility for EB-1 Visa

EB-1A: Extraordinary Ability

The EB-1A category is for individuals who can demonstrate "extraordinary ability" in their field. You must provide evidence of sustained national or international acclaim, and your achievements must be recognized in your area of expertise. Some of the qualifying criteria include:

• Receipt of a major internationally recognized award (e.g., Nobel Prize) or at least three of the following:
  • Membership in associations that require outstanding achievements.
  • Published material about you in major media or trade publications.
  • Original contributions of major significance to your field.
  • Authorship of scholarly articles in reputable journals.
  • Evidence of work being showcased in artistic exhibitions or shows.
  • High salary or remuneration compared to others in your field.
  • Evidence of commercial success in the performing arts.
  • Participation as a judge of the work of others in your field.

EB-1B: Outstanding Professors and Researchers

To qualify for an EB-1B visa, you must be an internationally recognized academic or researcher with a minimum of three years of experience in your field. You must also be coming to the U.S. to pursue a tenure-track teaching or research position at a university or similar institution. To meet eligibility criteria, you must provide at least two of the following:

• Major prizes or awards for outstanding achievement.
• Membership in associations that require outstanding achievements.
• Published material in professional publications about your work.
• Participation as a judge of the work of others in your field.
• Original contributions to your academic field.
• Authorship of scholarly books or articles in your field.

EB-1C: Multinational Executives and Managers

The EB-1C category is for executives and managers who have been employed by a multinational company outside the U.S. for at least one year in the three years prior to applying. The U.S. company must be a branch, affiliate, or subsidiary of the foreign company. To qualify, the position must meet the following criteria:

• The applicant must be employed in a managerial or executive capacity.
• The U.S. employer must have been in operation for at least one year and be related to the foreign employer.

Benefits of an EB-1 Visa

No Labor Certification Required

One of the most significant advantages of the EB-1 visa is that it does not require a labor certification (PERM) from the Department of Labor. The labor certification process, which is required for other employment-based green cards, can be lengthy and complicated, often delaying the immigration process. By skipping this step, EB-1 applicants can potentially secure their green card faster.

Faster Path to Permanent Residency

Because the EB-1 visa is a first-preference category, there is generally less backlog compared to other employment-based visa categories. This can significantly reduce the time it takes to obtain your green card, allowing you to achieve permanent residency more quickly.

Ability to Self-Petition

Individuals applying for the EB-1A visa can "self-petition," meaning they do not need an employer to sponsor them. This gives extraordinary individuals more flexibility in navigating the immigration process on their own terms.

Pathway for Family Members

When you secure an EB-1 visa, your spouse and unmarried children under 21 years of age may also apply for green cards. This ensures that your family can immigrate to the U.S. with you and enjoy the same permanent resident benefits.

The Application Process for EB-1 Visa

Step 1: Gather Evidence

For all EB-1 visa categories, gathering comprehensive evidence of your qualifications is crucial. This includes documentation that proves your extraordinary ability, international recognition, or managerial expertise. Our Tampa EB-1 visa lawyers at Maney | Gordon | Zeller, P.A. work closely with you to ensure that your application materials meet the stringent requirements set forth by U.S. Citizenship and Immigration Services (USCIS).

Step 2: File Form I-140

Once your documentation is in order, the next step is filing Form I-140 (Immigrant Petition for Alien Workers). This petition must include all supporting evidence and a detailed description of how you meet the EB-1 eligibility criteria. Our attorneys ensure that your petition is complete and accurately reflects your qualifications to avoid unnecessary delays or denials.

Step 3: Adjustment of Status or Consular Processing

If you are in the U.S., you can apply for adjustment of status by filing Form I-485 to become a permanent resident. If you are outside the U.S., you will need to go through consular processing at a U.S. embassy or consulate in your home country. Our team will guide you through the entire process, from filing the necessary forms to preparing you for any required interviews.

Why Choose Maney | Gordon | Zeller, P.A.?

At Maney | Gordon | Zeller, P.A., we understand that the EB-1 visa application process is complex and requires meticulous attention to detail. Our experienced Tampa EB-1 visa lawyers are dedicated to helping extraordinary professionals, researchers, and executives navigate this intricate process. With our knowledge and commitment to client success, we strive to secure the best possible outcomes for each individual case.

If you are considering applying for an EB-1 visa, contact us today at (800) 708-4399 for a free consultation.