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If I have a Master’s degree but no awards, can I apply for EB-1B?
Having a Master's degree is positive for the EB-1B, but the focus is on evidence of academic distinction and impact, not just awards.
Read full answer →Frequently asked questions
Frequently asked questions about EB-1
Straight answers to the most common questions about the EB-1 visa.
I am on a J-1 visa and subject to the two-year rule. Can I apply for EB-1?
To apply for EB-1 while on a J-1 visa with the two-year rule, it is necessary to obtain an approved waiver or fulfill the two years in the home country, always with professional guidance.
Read full answer →EB-1B: how to combine teaching and research experience?
To obtain the EB-1B visa, gather solid evidence of internationally recognized teaching and research, maintaining organized and reliable documentation.
Read full answer →Is the EB-1 faster than the EB-2?
The EB-1 is usually processed faster than the EB-2, but times vary according to documentation, individual analysis, and changes in U.S. immigration policies.
Read full answer →If the company abroad kept me as a consultant, but managerial, working from home office. EB-1C?
Acting as a managerial consultant working from home office may complicate eligibility for the EB-1C visa; detailed analysis and specialized guidance are essential.
Read full answer →My employer in the EB-1B does not want to pay for premium processing. Can I pay out of my own pocket?
In the EB-1B, payment of the premium fee is the employer's responsibility; the beneficiary cannot assume this cost. Consult your employer and a specialist for proper guidance.
Read full answer →Am I a reserve player on a national championship team. Does EB-1A apply?
The EB-1A requires extraordinary individual recognition; as a reserve player, it may be difficult to prove the achievements needed for this category.
Read full answer →My O-1 visa is about to expire. Can I amend to EB-1A?
The transition from O-1 to EB-1A visa is possible, provided strict criteria are met and legal status is maintained throughout the process.
Read full answer →My advisor says I can use teaching time during my PhD. Does EB-1B apply?
EB-1B may include teaching time during the PhD, provided the experience meets strict requirements and there is solid documentation, recommending specialized guidance.
Read full answer →A fixed reviewer position in a Q1 journal for 3 years. Is it good for EB-1B?
Being a fixed reviewer in a Q1 journal is positive but insufficient alone for the EB-1B. It is necessary to demonstrate robust academic achievements and a consistent strategy.
Read full answer →How long does the EB-1C take without premium processing?
The EB-1C process without premium takes on average 8 to 14 months, varying according to the case. It is essential to follow official rules and seek reliable sources for safety and compliance.
Read full answer →Is citation in works by other academics fundamental for EB-1B?
Citations strengthen evidence of academic recognition in EB-1B, although they are not mandatory, complementing proofs of the researcher's excellence.
Read full answer →Do I need the DS-260 for EB-1 Consular Processing?
In EB-1 visa consular processing, completing the DS-260 form is mandatory, requiring attention and compliance with U.S. immigration regulations.
Read full answer →I am an area manager, but I do not supervise people, only processes. Does the EB-1C apply?
The EB-1C requires direct supervision of teams and strategic leadership, not fitting managers who only manage processes without subordinates.
Read full answer →How long does it take to receive the resident card after EB-1 approval?
The time for Green Card issuance after EB-1 approval varies according to the processing method, potentially taking weeks to months depending on official circumstances and demands.
Read full answer →In the EB-1B, if I changed my research area, does it harm my case?
Changes in research area for EB-1B require continuous proof of excellence, institutional support, and thorough documentation to ensure a solid petition.
Read full answer →My field is speleology (cave research). It is niche. Can I get an EB-1A?
Even in niches such as speleology, the EB-1A visa is possible if there is solid proof of recognition and significant contributions in the field.
Read full answer →EB-1C: what if I have been a manager in the US for 2 years, but have not completed 1 year abroad?
To obtain the EB-1C it is necessary to have at least one year of managerial experience outside the US in the three years prior; having only experience in the US does not meet the requirement.
Read full answer →Do I need to present the company’s bank statement for EB-1C?
The bank statement is generally not mandatory for EB-1C; the focus is on proving managerial position and the relationship between multinational companies according to official guidelines.
Read full answer →I have 4 collaborations with famous laboratories, without awards. EB-1B?
Collaborations with renowned laboratories help, but the EB-1B requires solid international recognition, including awards, publications, and evidence proving professional excellence.
Read full answer →Do I need to have mastered my entire field for EB-1A?
For the EB-1A visa, it is not necessary to master the entire field but to demonstrate recognition and significant distinction in specific areas of your work.
Read full answer →If I apply for EB-1A and get moved to another department, does it affect anything?
Department changes usually do not affect the EB-1A application as long as your extraordinary abilities and evidence remain consistent and well documented.
Read full answer →In EB-1C, can I manage a newly purchased branch?
Managing a newly purchased branch under EB-1C requires proving operational time and managerial function, respecting USCIS criteria and specialized legal guidance.
Read full answer →Can I send only one letter for each criterion in the EB-1A?
There is no rule limiting to one letter per criterion in the EB-1A; the essential thing is to present clear and robust evidence for each requirement, and multiple letters may be used for greater strength.
Read full answer →EB-1C: the foreign company operates in IT, the American one in software sales. Is it the same area?
For EB-1C, it is essential to demonstrate continuity between the foreign company's IT operations and the American company's software sales, considering context, structure, and legal compliance.
Read full answer →If USCIS denies EB-1A, can I appeal to the AAO?
If USCIS denies your EB-1A petition, it is possible to appeal to the AAO via a Motion to Reopen or Reconsider, but this depends on the case and requires careful analysis and strict deadlines.
Read full answer →Is there a maximum processing time for the I-140 EB-1?
There is no maximum processing time for the I-140 EB-1; the duration varies depending on the case and factors such as evidence and USCIS workload.
Read full answer →EB-1A final file exceeds 300 pages. Is this normal?
EB-1A dossiers can exceed 300 pages; what matters most is the quality and organization of the evidence, ensuring compliance and efficiency in USCIS review.
Read full answer →I cited patents and reviewer experience, but no awards. EB-1B?
In the EB-1B visa, the absence of awards does not prevent an application; patents, reviews, and prominent publications can prove merit and impact in the scientific field.
Read full answer →In the EB-1B, if the job offer is not tenure-track but is ‘permanent’, does it qualify?
In the EB-1B, a permanent full-time position, even without tenure-track, can be valid as long as it meets the required criteria and is analyzed on a case-by-case basis.
Read full answer →How do I qualify for the EB-1B if I haven’t published much yet?
For EB-1B, not having many publications is not a disqualifier. Highlight other achievements and document your academic impact, always with specialized guidance and reliable sources.
Read full answer →Can IT professionals qualify for EB-1A?
IT professionals can qualify for EB-1A by demonstrating extraordinary achievements and strictly following US immigration regulations.
Read full answer →Can I use internal corporate awards, such as ‘Best Team of the Year’, for EB-1A?
Internal awards may complement but do not replace national or international recognitions required for the EB-1A visa, making specialized guidance essential.
Read full answer →Can the coauthor of a best-seller claim EB-1A?
Coauthoring a best-seller can be relevant for EB-1A, but it is necessary to prove a diverse set of evidence of extraordinary abilities and impact in the field.
Read full answer →For EB-1B, does the professor job offer need to mention salary?
The job offer for EB-1B must be permanent and genuine, not requiring salary details, but professional guidance is recommended to ensure compliance.
Read full answer →EB-1B and 2 of 6 criteria, but few citations. Should I compensate with awards?
For the EB-1B visa, relevant awards can compensate for few citations, as the analysis is global and involves various criteria and evidence of professional recognition.
Read full answer →For EB-1B, does the job offer need to be stated in a formal contract?
For the EB-1B visa, a formal contract is not mandatory, but it is essential to prove a permanent offer by a qualified institution, preferably with a detailed letter.
Read full answer →Did I apply for EB-1A and prove 3 criteria. Can the officer require 4?
The officer can require additional evidence for the EB-1A, even with 3 criteria proven; the analysis is individual and professional support and compliance with regulations are recommended.
Read full answer →For EB-1B, should I send the CV and reference letters?
Although CV and reference letters are not mandatory in EB-1B, sending them strengthens your petition by proving professional excellence and international recognition.
Read full answer →An RFE on the EB-1A: ‘We do not see relevant awards’. Should I respond with another criterion?
If an RFE on the EB-1A points to the absence of relevant awards, present other evidence proving your exceptional ability to strengthen your case.
Read full answer →If the foreign company had only four employees, but I was the CEO. EB-1C?
Being a CEO in a foreign company with few employees can qualify for the EB-1C, provided that an executive function and appropriate multinational structure are proven.
Read full answer →How to cite laws or case law in the EB-1A petition letter?
Correctly cite laws and case law in the EB-1A petition letter to strengthen arguments and ensure clarity within the U.S. legal framework.
Read full answer →Position of ‘Operations Manager’ with 50 subordinates. Is EB-1C plausible?
The EB-1C may be plausible for an Operations Manager with 50 subordinates, provided the position involves proven executive and strategic functions.
Read full answer →If the foreign company merged with another and became a new entity, is EB-1C still available?
A foreign business merger does not eliminate the possibility of EB-1C eligibility, provided operational continuity and the required managerial experience for the visa are demonstrated.
Read full answer →How many academic institutions should I contact to obtain EB-1B letters?
There is no fixed number of letters for EB-1B, but at least three are recommended, including one from the candidate's institution and two from independent experts.
Read full answer →Is it common to send 50-100 pages of evidence in the EB-1C?
In the EB-1C process, sending between 50 to 100 pages is common, but the focus should always be on the quality and relevance of the evidence, with specialized guidance to ensure legal compliance.
Read full answer →For EB-1B, I work at a biotechnology company. They have 5 researchers. Is that okay?
For EB-1B, it is essential that the company demonstrates tradition and impact in research, even with a small team; solid documentation and specialized guidance are critical.
Read full answer →In EB-1C, if the branch was opened 6 months ago but already has 30 employees, is that okay?
A branch with 6 months and 30 employees in EB-1C must prove active operation, consolidated structure, and compliance with legal requirements for visa approval.
Read full answer →I managed two teams, but each had only 2 members. EB-1C?
The EB-1C visa evaluates managerial responsibilities and strategic impact more than the number of team members, highlighting the importance of robust documentation and specialized guidance.
Read full answer →How to prove the relationship between the foreign company and the US company for EB-1C?
For the EB-1C visa, it is vital to prove the formal relationship between the foreign and US companies through legal documentation and evidence demonstrating control or shareholding.
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