EB-1 Green Card

Outstanding professors and researchers EB-1B 

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 readily 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 noncitizen’s 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 

Multinational Manager  EB-1C 

You may be eligible for permanent residence as a multinational manager or executive if you 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 or managerial role for one of the last 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 nonimmigrant. 

• 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. 

EB-1 Processing Time 

The processing times for EB-1 or for any visa is that there are often several factors that cause it to vary widely. The first is the caseload of the service center that is processing your petition—the busier the center, the longer it will take to process. The second factor is the complexity of your case. If the USCIS issues an RFE or a NOID, it will cause delays in your processing. Thirdly, you will need to factor in your priority date and how long it will take to become current, which varies based on your country of origin. Fortunately, 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. Schedule a consultation with us to discuss your business strategy for hiring international talent. 

I-140 Processing Time 

The first step to getting an EB-1 is filing an I-140 petition with the USCIS. This is the step that is the most susceptible to delays based on the first two factors mentioned above. The service center’s 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 opt to pay an extra fee for premium processing, which will expedite your petition’s 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 I-140 form can also be delayed depending on this next aspect of the EB-1 processing time, the status of your priority date. 

The Concept of Priority Dates 

Your EB-1 green card priority date is the day that the USCIS obtains your I-140. You will need to check the Department of State’s monthly visa bulletin chart for the latest 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 on to 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 still 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 I-140 is approved. 

Adjustment of Status vs Consular Processing 

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 I-485 application to have your status “adjusted” from nonimmigrant to immigrant status. For this reason, you must have a valid nonimmigrant status at the time of your I-140 approval (such as an H-1B or O-1 visa) and you must be in the U.S. The I-485 takes about six months to process and premium processing is not available. 

• Consular processing is available for those with a valid nonimmigrant visa status and is mandatory for those that do not have a nonimmigrant status. You must make an appointment with the US 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 a 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 I-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 methods 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. 

How Much Does the EB-1 Cost? 

Here is a breakdown of the basic mandatory USCIS fees you will encounter while pursuing an EB-1 green card: 

• $700 I-140 basic filing fee. If an employer is filing on your behalf, they will be responsible for this fee. 

• $750-$1,225 fee for the I-485 application. This cost varies depending on your age, with the lower costs going to children and the elderly. Remember that this is only applicable if you are adjusting your status. 

• $85 biometrics fee 

• $325 DS-260 application fee. This is only applicable if you are using consular processing. 

• $88 fee for the Affidavit of Support, which is required along with a DS-260 application. 

You should also factor other costs into your EB-1 processes such as traveling costs and attorney fees. To know our flat rate for employment-based green cards please contact us.