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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 Law PC 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:

  1. Extraordinary Ability
  2. Outstanding Professors and Researchers
  3. 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 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.

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 Law PC is prepared to help, call today!

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