EB-1 Visa Lawyer in New York City
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 or executive. Qualifying spouses and dependent children of skilled workers may also qualify for visas.
One of the primary benefits of securing an EB-1 visa is its pathway to permanent residency in the United States, also known as the Green Card. This visa eliminates the need for labor certification, which can be a lengthy and cumbersome process with other employment-based visas. Applicants must understand the stringent criteria and gather comprehensive evidence that supports their eligibility. Engaging with legal professionals familiar with immigration laws in New York City can markedly increase the chances of a favorable application.
Given its demand and stringent requirements, preparation for the EB-1 visa application process should not be underestimated. Applicants often benefit from a meticulous review of their professional achievements, corroborated by credible and verifiable evidence. Furthermore, understanding changing immigration policies, particularly those influenced by local legislation in New York City, is vital for a successful application. Hence, a collaborative approach with Musa-Obregon Law PC ensures that every aspect of your application is diligently addressed.
If you are considering a petition for an EB-1 visa, a Queens immigration attorney at Musa-Obregon Law PC can help.
The Importance of EB-1 Visas in NYC
EB-1 visas are a critical component of the U.S. immigration system, particularly in vibrant hubs like New York City. Known for its economic opportunities, NYC attracts individuals with extraordinary abilities who contribute significantly to the city’s diverse sectors, ranging from arts to technology. The EB-1 visa eliminates labor certification, enabling a streamlined pathway to permanent residency for those who qualify. This benefit is particularly relevant in New York City, where the fast-paced business environment values expedited processes. Applicants who can demonstrate impact in their field often find NYC a fertile ground for furthering their careers and integrating into the community.
Applicants seeking the EB-1 visa in New York must be mindful of local nuances that could affect their application. New York City boasts a competitive market where distinguishing individual achievements is essential. Engaging with legal professionals who understand the intersection of local dynamics and immigration laws provides a strategic advantage. At Musa-Obregon Law PC, we navigate these complexities with a multicultural approach, ensuring that language or cultural barriers never hinder your application.
Who Qualifies for EB-1 Visas in New York?
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, fill out all required fields, and submit it in a timely fashion.
The EB-1 visa applicant must convincingly demonstrate their extraordinary abilities or achievements that are internationally acknowledgment. This may involve compiling awards, publications, media recognition, or other professional accolades that underscore their contribution to their field. Legal representation can assist significantly in organizing this evidence most persuasively. New York City, being a hub of global business and innovation, often provides a prime environment for those with extraordinary abilities to either emerge or affiliate themselves with key institutions and networks.
Several applicants aim to qualify under multiple categories to ensure the robustness of their application. For instance, a multinational executive may also showcase elements of extraordinary ability to solidify their case. It's recommended to work closely with legal professionals who can offer strategic counsel and insights, particularly about how New York City's dynamic landscape may impact the evaluation of these credentials.
Three major categories of workers 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 includes 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 here).
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.
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 an EB-1 Visa Attorney in New York City.
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.
Understanding the nuances of the application process can greatly benefit your application timeline and success rate. Each step requires detailed documentation that must conform to USCIS specifications, and even minor errors can lead to delays or denials. This complexity underscores the importance of legal guidance specifically tuned to the intricacies of EB-1 applications, particularly in a diverse and competitive market like New York City.
As an applicant, staying updated on current trends and changes in immigration legislation is vital. New York City, with its diverse economy and international businesses, remains a prime destination for skilled workers worldwide. Ensuring your application accurately reflects both your professional merits and the city's legal requisites will significantly boost your potential success. Partnering with Musa-Obregon Law PC can ensure that your submissions are detailed, accurate, and positioned for success.
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.
For trusted legal guidance, reach out to a knowledgeable EB-1 visa lawyer in New York City. Call (888) 502-8461 or contact us immediately to schedule your consultation.
Frequently Asked Questions
How Long Does It Take to Receive an EB-1 Visa?
The timeframe for obtaining an EB-1 visa can vary depending on numerous factors, including the current processing times of the USCIS and the complexity of your individual case. Typically, the I-140 petition itself can take from six months to a year to be processed. However, applicants often have the option to pay for premium processing, which dramatically reduces the wait time to just 15 calendar days. Following approval, the next steps—consisting of consular processing or adjustment of status—can add several more months to the entire timeline. Therefore, applicants should account for potential delays by staying informed about current immigration policies and ensuring their documentation is immaculate. At Musa-Obregon Law PC, we pride ourselves on our proactive approach to managing timelines and keeping our clients updated throughout the process.
What Is the Cost of Applying for an EB-1 Visa?
Applying for an EB-1 visa involves several fees, starting with the I-140 petition fee, which is $580. If applicants choose, as many do, premium processing incurs an additional $2,500 fee for expedited service by the USCIS. Beyond these, applicants should also budget for costs associated with gathering the necessary documentation, potential legal fees, and any translation services needed if documents aren't in English. During the final phases of your application, you may encounter additional fees related to visa issuance and consular processing or adjustments of status. We advise our clients to consider all potential costs comprehensively, thus avoiding any last-minute surprises that might disrupt the application process.
Can I Include My Family Members in My EB-1 Visa Application?
Yes, an approved EB-1 visa allows your immediate family, including your spouse and unmarried children under 21, to apply for Green Cards along with you. This opportunity significantly enhances the appeal of an EB-1 visa, offering a pathway for your family to join you in the U.S. under lawful permanent residency status. Each family member must complete their application, also known as Form I-485, for adjustment of status or engage in consular processing, depending on their current location. Throughout this process, ensuring that all actions align with the main application is critical to avoid complications. The family-oriented provisions of the EB-1 visa provide a comprehensive solution for those looking to immigrate with their loved ones, ensuring support and continuity in the new environment.
To learn how Musa-Obregon Law PC is prepared to help, call today! our qualified EB-1 via attorney in New York City is ready to answer your questions.