Get Help From an EB-1 Visa Attorney in Dallas, TX
At Pollak PLLC, our Dallas EB-1 visa attorney is an experienced, reliable immigration advocate. If you have any questions about EB-1 priority worker visas, we can help. Call us at (505) 883-5000 or send us a message through our website for a confidential consultation with a Dallas immigration attorney.
Who qualifies for an EB-1 visa, you ask? The EB-1 visa (first preference) is a permanent residency U.S. visa. It is available to EB-1 workers-aliens who are outstanding professors, researchers, certain multinational executives and managers, or individuals with "extraordinary ability." Read more in our "What is an EB-1 Visa"article.
Labor Certification is not required for this type of visa.
An EB-1 visa is the first preference category of employment-based visas. It is intended for foreign nationals who are “priority workers.” Through an EB-1 visa application, an individual can get access to live and work in the United States. There are actually three categories of EB-1 visas:
Only a small number of global workers qualify for EB-1 visas. The application process is complicated. If you are eligible for an EB-1 visa, you can also apply to bring your spouse and unmarried children who are under the age of 21 to the United States.
Aliens with extraordinary ability are defined as those who have "extraordinary ability in the sciences, arts, education, business, or athletics demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation."
Providing evidence for three of the following examples will demonstrate extraordinary ability for immigration purposes:
Applicants in this category do not have to have a specific job offer. However, they must be entering the U.S. to continue work in the field in which they have extraordinary ability. These applicants may file their own petition with the United States Citizenship and Immigration Service (USCIS), rather than through an employer.
Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area and enter the U.S. in a tenure, or tenure track, teaching, or comparable research position at a university or other institution of higher education. If the employer is a private company, it must employ at least three people full time in research activities and have achieved documented accomplishments in an academic field.
For a professor or researcher to be recognized as outstanding in an academic field for the purposes of immigration, they must include evidence of at least two of the following:
No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS
Some executives and managers of foreign companies who are transferred to the U.S. may qualify in this category. A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S. to continue service (in a managerial or executive capacity) to that firm or organization. The employment must have been outside the U.S. in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the petitioning U.S. employer.
The petitioner must be a U.S. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation, or other legal entity that employed the foreign national abroad.
A green card through employment is generally a three-step process.
1. The first step requires filing a labor certification application with the Department of Labor attesting that there are no U.S. workers available to fill the required position (PERM).
2. The second step requires filing an application with the USCIS.
3. The final step requires filing an adjustment of status application when a visa becomes available. In certain cases, step two and step three can occur at the same time.
Alternative green cards through employment include the EB-2 (second preference) and EB-3 (third preference) visas. These categories are the most common for obtaining permanent residency through employment.
At Pollak PLLC, our Texas EB-1 visa lawyer is standing by, ready to help you navigate the application process. Call us at (505) 883-5000 or contact us online for a fully confidential initial consultation. We provide immigration law services in Dallas and throughout the surrounding region. Our managing EB-1 attorney Karen-Lee Pollak and experienced immigration support team will work with you to determine the best possible employment preference category for you.
Contact us today to speak with our managing attorney Karen-Lee Pollak and experienced immigration support team.