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The EB-1 visa, is also known as Employment based green card it allows foreigners to become permanent residents of the United States through their own employment. These green cards, officially known as permanent resident cards, comes up with a plan to supply individuals with the right to live and work in the US for an unspecified time. The EB-1 is highly known option because it does not require a perm labour certification. The labour certification is typically a substantial and high-priced filing price in order to dictate if the requirements of the available position are able to be filled by a U.S. individual. Whenever the Labour certification Is required, the risks of application repudiate which can hustle the applicants time and expenses.
Additionally, for the EB categorization a constant job offer is not available. This means that the person who applying has the ability to apply for the request on her/his own behalf. However, the outstanding professors and researchers and multinational manager categories do require a permanent job offer. Only the U.S. employer can file petition for the applicant.
Another advantage of prevailing an EB-1 green card is that the category is usually always available. This means that the person who is applicating does not have to misspend or wait a long period of time before the application is analysed and can receive a department of states (DOS) immigrant visa number. This putting the applicant on a faster track to file an adjustment of status and initialize the green card process.
You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years’ experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, Institution of higher education, or private employer.
Documentary Evidence That a person is an Outstanding Professor or Researcher
In order to demonstrate you are an outstanding professor or researcher, you must include evidence of 2 of the 6 listed criteria below (or comparable evidence if any of the criteria do not really apply):
• Evidence of receipt of major prizes or awards for outstanding achievement
• Evidence of membership in associations that require their members to demonstrate outstanding achievement
• Evidence of published material in professional publications written by others about the noncitizens work in the academic field
• Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
• Evidence of original scientific or scholarly research contributions in the field
• Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
You may be eligible for permanent residence as a multinational manager or executive if u meet the following requirements:
• You are required to fill an executive or managerial role in the US; and
• You have been employed abroad by the same company, or a parent, branch, affiliate or subsidiary thereof in an executive for at least one year in the three years; or
• If you are already working in the US, you worked for the same company, or a subsidiary or affiliate thereof, abroad as a manager or executive for at least one year in the three years preceding your entry to the US as a non-immigrant.
• Obtaining permanent residence as a multinational manager or executive is a two-step process involving: 1) an immigrant petition filed with US Citizenship and Immigration Services (USCIS); and 2) a visa interview at a US consular post abroad or an application to adjust status within the US
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
In order to demonstrate you have sustained national or international acclaim and that your achievements have been recognised in your field of expertise, you must either include evidence of a one time achievement (major internationally recognized award) or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):
• Evidence of receipt of lessor nationally or internationally recognized prizes or awards for excellence
• Evidence of your membership in associations in the field which demand outstanding achievement of their members
• Evidence of published material about you in professional or major trade publications or other major media
• Evidence that you have been asked to judge the work of others, either individually or on a panel
• Evidence of your original scientific, scholarly, artistic, athletic, or business- related contributions of major significance to the field
• Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
• Evidence that your work has been displayed at artistic exhibitions or showcases
• Evidence of your performance of a leading or critical role in distinguished organizations
• Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
• Evidence of your commercial successes in the performing arts.
The processing times for any visa, including the EB-1, can vary widely due to several factors. Some of the most common factors are different USCIS service centres have different processing speed. Some centres may have a larger workload, which can cause delays. Even within a visa type, the subcategories may experience varying processing times. For instance, EB-1A (extraordinary ability) might be processed differently than EB-1C (multinational manager), simply because the criteria and the complexity of the case can vary. You will need to factor in your priority date and how long it will take to become current, which varies based on our country of origin. Providentially, 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 EB-1 foreign workers as soon as possible. Scheduled a consultation with us to discuss your business strategy for hiring international talent.
The first step to getting an EB-1 is filling an l-140 petition with the USCIS. This is the step that is the most susceptible to delays based on the first two factors mentioned earlier. The service centres 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 option to pay an extra fee for premium processing, which will expedite your petitions 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 l-140 form can also be delayed depending on this next aspect of the EB-1 processing time, the status of your priority date.
Your EB-1 green card priority date is the day that the USCIS obtains your l-140. You will need to check the department of states monthly visa bulletin chart for the last 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 onto 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 start 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 l-140 is approved
This last phase of your EB-1 processing time will depend on which option you choose between adjustment of status and consular processing.
• Adjustment of status involves filing an l-485 application to have your status “adjusted” from non-immigrant to immigrant status. For this reason, you must have a valid non-immigrant status at the time of your l-140 approval (such as an H-1B or O-1 visa) and you must be in the U.S. The l-485 takes about six months to process, and premium processing is not available.
• Consular processing is available for those with a valid non-immigrant visa status and is mandatory for those that do not have a non-immigrant 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 an 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 l-485 and so can be an attractive option for those who are pressed for time.
The EB-1 green card is one of the fastest routes for obtaining US permanent residency among all the employment-based options. It is a primary employment immigration option for numerous foreign workers in the U.S. The EB-1 is the first-preference employment-based green card category. Annually, a total of 140,000 applicants receives green cards under the employment-based rank, and each country is only capable of collecting 7% (9,800) of the 140,000 cap. Our lawyers help to bring numerous EB-1 employment immigrants to the U.S. every year. We make the entire process seamless and quick, schedule a consultation, and unlock the full potential of hiring foreign workers for your business.
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