EB-1 Visas in New York
Employment Based Visas for First Preference Workers
According to the U.S. Department of State, every year 140,000 visa applicants
are issued some form of
employment-based visa. There are five types of employment visas, ordered numerically by preference
category. EB-1 visas are for the highest priority workers. Statistically,
28.6 percent of all employment based visas worldwide are given to EB-1
priority workers. To fall into this category, a foreign worker must meet
the qualifications for extraordinary ability, outstanding research or
be a multinational manager/executive. Qualifying spouses and dependent
children of skilled workers may also qualify for visas.
If you are considering a petition for an EB-1 visa, a
Queens immigration attorney at Musa-Obregon & Associates can help.
Who qualifies for EB-1 visas?
Anyone wishing to immigrate as a priority worker must first receive an approved
Immigrant Petition for Foreign Worker, Form I-140. This form is filled out by an employer with the U.S. Citizenship and
Immigration Services (USCIS). For this form to be accepted, the filer
must pay a fee of $580, completely fill out all required fields and submit
it within a timely fashion.
There are three major categories of workers that can qualify for the EB-1 visa:
- Extraordinary Ability
- Outstanding Professors and Researchers
- Multinational Manager or Executive
Each of the three categories has different criteria that must be met in
order to be considered for an EB-1 visa. To qualify in the "extraordinary
ability" category, you must meet at least three of the ten criteria.
The list of criteria include things such as evidence of an internationally
recognized prize, evidence of published material about you and evidence
of commercial success in the performing arts (View a complete list of
the ten criteria
To qualify as an outstanding professor or researcher, you must provide
evidence of at least two of the criteria from a different list of six
possible criteria. This list includes: evidence of having received major
awards for achievement, evidence of membership in an achievement-based
organization, evidence of published academic material, evidence that you
served as a judge of others' work, evidence of scholarly research
or evidence of authorship of a scholarly book.
In order to fall into the "multinational manager or executive"
category, according to USCIS, "you must have been employed outside
the U.S. in the 3 years preceding the petition for at least 1 year by
a firm or corporation and you must be seeking to enter the U.S. to continue
service to that firm or organization."
We represent individuals throughout Queens, Brooklyn, The Bronx, Manhattan,
Rockland County and Westchester County.
Applying for the EB-1? Contact a Queens immigration attorney!
Application processes will differ slightly depending on what category of
priority worker you fit into. For example, those petitioning for EB-1
visas who qualify as extraordinary ability workers can petition for themselves
(filing the I-140) instead of having an employer file on their behalf.
Outstanding professors and researchers as well as multinational managers
and executives must have a sponsor file the Form I-140 on their behalf.
Once the USCIS approves a petition, it is sent to the National Visa Center
(NVC) where it is assigned a case number. The NVC will then organize cases
and, when they come to your case, they will send you and your attorney
instructions and fee requirements. This is where the process can become
even more complicated. A New York City immigration lawyer, like those
at our firm, can walk you through this process. We can assist with the
application forms, visa documents, civil documents and more.
To learn how
Musa-Obregon & Associates is prepared to help,