English
Português
Español
Can EB-1C and EB-1B be filed simultaneously by the same person?
EB-1B and EB-1C can be filed simultaneously, but require distinct proofs and careful analysis to ensure compliance and avoid USCIS questioning.
Read full answer →Frequently asked questions
Frequently asked questions about EB-1
Straight answers to the most common questions about the EB-1 visa.
If USCIS denies EB-1A, do they refund the fee?
Fees paid for the EB-1A petition are not refunded in case of denial; thorough preparation and specialized guidance are essential to minimize risks.
Read full answer →Is Labor Certification (PERM) required for EB-1?
The EB-1 visa does not require Labor Certification (PERM) but demands concrete evidence of the candidate's excellence in their area, following strict immigration rules.
Read full answer →I changed fields, but I was outstanding in my previous area. Does the EB-1A consider past history or do I need to be currently active?
The EB-1A values a robust history of extraordinary achievements, even if the applicant has changed fields, provided that previous accomplishments are well documented and recognized.
Read full answer →Position of ‘country director’, with 7 subordinate managers. Does it qualify for EB-1C?
The position of Country Director with 7 managers may qualify for EB-1C if managerial functions, multinational link, and legal requirements are met.
Read full answer →We created a globally recognized NGO. Does this qualify for EB-1A?
Creating a globally recognized NGO can help with EB-1A, but it is necessary to prove extraordinary abilities with multiple pieces of evidence beyond the organization's success.
Read full answer →For EB-1C, what happens if the foreign company closes?
The closure of the foreign company may compromise EB-1C visa eligibility, making it essential to seek specialized guidance and comply with current immigration laws.
Read full answer →I want to change my status from F-1 to EB-1A, but I do not have OPT. Can I be without working during the process?
It is possible to apply for EB-1A without OPT and without working, as long as you maintain compliance with F-1 status rules and avoid unauthorized activities.
Read full answer →In EB-1C, does owning a franchise with 2 employees make me an ‘executive’?
Owning a small franchise does not guarantee executive status for the EB-1C visa; strategic leadership and broad management must be proven.
Read full answer →In EB-1B, 2 national awards, 5 Q1 papers, regular reviewer. Does it work?
National awards, Q1 publications, and reviewer activity strengthen the EB-1B, but success depends on the complete portfolio, including letters, job offer, and robust documentation.
Read full answer →EB-1A and EB-1B waive PERM, but EB-1B requires an employer, right?
EB-1A allows self-petitioning without an employer, while EB-1B requires a sponsor; both waive PERM but have distinct important requirements.
Read full answer →My company abroad was unimember (I am the sole owner). Does EB-1C work?
The EB-1C visa facilitates the transfer of multinational executives to the U.S., but unimember companies face challenges proving managerial positions under American standards.
Read full answer →Is Labor Certification required for EB-1B or EB-1C?
The EB-1B and EB-1C categories do not require Labor Certification, simplifying the process, but it is essential to follow the rules and seek specialized professional guidance.
Read full answer →Do letters from former colleagues abroad help with EB-1B?
Letters from former colleagues abroad can help the EB-1B petition, provided they are substantiated by credible experts and accompanied by evidence proving your international merit.
Read full answer →I managed an overseas unit for 14 months. I am currently no longer with the company, but I want an EB-1C. Does it work?
Being outside the sponsoring company can make obtaining the EB-1C visa difficult, even with overseas managerial experience. Consult specialists to evaluate your case.
Read full answer →Does the EB-1B require exclusivity with the university?
The EB-1B requires a serious commitment to the sponsoring institution but does not impose total exclusivity, allowing parallel activities as long as they do not affect main responsibilities.
Read full answer →Does the EB-1C serve if I was promoted to manager only 3 months ago?
A recent promotion to manager may not meet the minimum one-year executive role requirement for EB-1C visa eligibility, making it essential to consult specialists.
Read full answer →In the EB-1B, can awards be regional?
Regional awards in the EB-1B are accepted if they demonstrate exceptional merit and significant relevance, reinforcing the candidate's excellence in the academic or scientific field.
Read full answer →Has there been a recent change in the EB-1 law?
There have been no significant changes to the EB-1 law, but USCIS updates guidelines. Stay informed through official sources and consult specialists to avoid misunderstandings.
Read full answer →If I am denied in the EB-1C, can I try EB-2 or EB-3 with PERM?
After a denial in EB-1C, it is possible to try EB-2 or EB-3 with PERM, following immigration rules and seeking specialized guidance.
Read full answer →Does the EB-1A require a job offer?
The EB-1A allows self-petitioning without a job offer, requiring proven professional recognition and rigorous care in document preparation.
Read full answer →Position of ‘assistant vice president’ at the bank. EB-1C?
Eligibility for the EB-1C visa in the position of assistant vice president depends on demonstrating managerial or executive functions and working in a multinational company for at least one year.
Read full answer →I published a book with a small press. Does it count for the EB-1B?
Publishing a book with a small press can count for the EB-1B, provided it is accompanied by consistent evidence confirming distinction in the academic or professional field.
Read full answer →I am on a B-2 and they want to hire me as a professor. Immediate EB-1B?
B-2 visa does not allow work; EB-1B requires proof of academic prominence and a formal petition. The process is rigorous and must follow immigration laws to avoid risks.
Read full answer →In EB-1B, can I have had a total of 3 years of teaching experience but at different institutions?
Teaching experience for the EB-1B can be combined from different institutions, provided it is proven to be continuous and relevant, with appropriate documentation.
Read full answer →In the EB-1B, if the company has no research history but promises to invest, is that enough?
Promise of investment is not enough; EB-1B requires the institution to prove a solid history in research and academic contributions to meet the rigorous criteria.
Read full answer →What is ‘continuing work’ in the EB-1A?
Remaining active and relevant in your field is essential in the EB-1A, demonstrating commitment to maintaining your extraordinary contribution after immigration.
Read full answer →Local handicraft without significant sales or media coverage. EB-1A?
The EB-1A visa requires extraordinary excellence and recognition; local handicraft without sales or media coverage increases challenges, but documentation and recommendations can strengthen the case.
Read full answer →Do EB-1A criteria for ‘design/photography’ fit within the arts?
Design and photography can be considered arts for EB-1A, as long as the candidate demonstrates exceptional excellence and impact in the artistic field.
Read full answer →For EB-1C, how do I prove ‘executive capacity’?
The EB-1C requires proving an executive role with documents demonstrating leadership, autonomy, and impact within the company, strictly following U.S. immigration laws.
Read full answer →In EB-1C, can I live in a different state from the location of the branch?
In EB-1C, it is possible to reside in a different state from the branch, provided managerial functions are maintained and the documentation proves the proper structure and legal relationship.
Read full answer →Do I need advanced degrees for EB-1A?
The EB-1A visa does not require advanced degrees but rather robust evidence of achievements and recognition in your field to prove your extraordinary abilities.
Read full answer →If I was invited to teach a course at a university in my country, does EB-1B apply?
An invitation to teach a course at a university in your country indicates recognition but is insufficient alone for EB-1B, which requires a consolidated career and robust evidence.
Read full answer →I carried out large-scale M&A (mergers and acquisitions). Does EB-1A apply?
The EB-1A is for those who demonstrate extraordinary ability, and large-scale M&A can be a differential, provided it is proven with robust evidence and professional recognition.
Read full answer →For EB-1C, do I need the IRPF from the American company?
The EB-1C does not require the IRPF from the American company, but rather proof of the financial and structural operation of the U.S. branch to meet USCIS criteria.
Read full answer →In the EB-1B category, I mention that I was a visiting professor in 3 different countries. Does this prove distinction?
Being a visiting professor in three countries is positive, but it is necessary to complement it with other evidence to prove distinction in the EB-1B category.
Read full answer →If I manage 50 contractors, but they are not direct employees, can EB-1C be denied?
Managing contractors may affect approval of the EB-1C visa, as it is necessary to prove direct supervision and clear hierarchy within the company.
Read full answer →I worked as a deputy manager for 1 year and 2 months, but acted as a manager. Is EB-1C possible?
The EB-1C requires proof of managerial function for at least 1 year; the formal title may vary, but responsibilities must be clear and well documented.
Read full answer →Can marketing professionals qualify for EB-1A?
Marketing professionals can qualify for EB-1A by proving international recognition and exceptional achievements, with expert guidance and care in the process.
Read full answer →How many citations are enough for EB-1?
There is no minimum number of citations for EB-1; the process evaluates the impact, quality, and recognition of the professional in a holistic and individualized manner.
Read full answer →EB-1C: I supervised a branch in Argentina, but was not officially a manager. There was informal delegation. What now?
For the EB-1C visa, it is essential to prove managerial or executive functions with formal documentation, even if there is informal delegation at the foreign branch.
Read full answer →Can EB-1B be extended to someone without a Ph.D. but who is an outstanding researcher?
The EB-1B category may cover researchers without a Ph.D., provided they present proven international prominence and relevant contributions in the academic field.
Read full answer →I am a renowned chef. Is EB-1A possible for gastronomy?
The EB-1A can be requested by renowned chefs who prove extraordinary ability, recognition, and significant impact in gastronomy, according to the rigorous regulations of the USA.
Read full answer →Is it risky to apply for EB-1A if I do not have 3 guaranteed criteria?
Without solid evidence in three criteria, the risk of the EB-1A petition increases, requiring a robust dossier and rigorous preparation to ensure success in the evaluation.
Read full answer →How many lines should be dedicated to each criterion in the EB-1A petition letter?
There is no fixed number of lines for each criterion in the EB-1A petition letter; focus on clarity, evidence, and the quality of arguments to highlight extraordinary merits.
Read full answer →I had a disagreement with management and they do not want to promote me. Has my EB-1C failed?
Disagreements with management preventing promotion may affect EB-1C visa eligibility, as proven executive roles and careful case analysis are required.
Read full answer →I am a pianist with international invitations, but without major awards. Is EB-1A feasible?
EB-1A requires proving extraordinary ability; international invitations help, but awards or other evidence are essential to strengthen the application.
Read full answer →Is there a fee waiver for the EB-1 visa?
There is no automatic fee waiver for the EB-1 visa; exceptions due to financial hardship are rare and usually not applicable.
Read full answer →A foreign company employed me remotely, but I have never lived there. Does EB-1C apply?
Being hired remotely by a foreign company, without a robust on-site or commercial connection in the U.S., is unlikely to meet the EB-1C visa criteria.
Read full answer →Is the EB-1 adjustable via form I-485?
The EB-1 allows adjustment of status via I-485 for legal residents in the U.S., provided requirements are met and a visa is available.
Read full answer →