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In EB-1B, are 2 out of 6 criteria enough?
In EB-1B, meeting two criteria does not guarantee approval; USCIS evaluates the candidate's work relevance and impact in a holistic and detailed manner.
Read full answer →Frequently asked questions
Frequently asked questions about EB-1
Straight answers to the most common questions about the EB-1 visa.
My field office requested an interview for the I-485. Will they question the EB-1?
The I-485 interview confirms data and requirements, may address EB-1 to validate information, requiring preparation and organized documentation for a smooth and secure process.
Read full answer →Can EB-1A and EB-1B have Premium Processing?
Both EB-1A and EB-1B can use Premium Processing to expedite the review of Form I-140, with a response within 15 days upon payment of an additional fee.
Read full answer →EB-1B seems easier than EB-1A. Is that correct?
EB-1A and EB-1B cater to different profiles; ease depends on the candidate's background and field, requiring individual analysis and care with reliable information.
Read full answer →For EB-1C, does the American branch need to have a CFO, managers, etc.?
The American branch for EB-1C does not need to have positions like CFO but must have a structure and leadership compatible with equivalent executive functions.
Read full answer →Is there a restricted quota for EB-1C within the EB-1 category?
The EB-1C visa does not have a restricted quota; its approval depends on meeting the specific criteria for multinational executives and managers within the EB-1 category.
Read full answer →Can I apply for EB-1A and EB-2 NIW simultaneously?
Yes, it is possible to apply for EB-1A and EB-2 NIW simultaneously, provided you meet specific criteria and have solid, well-organized documentation.
Read full answer →I am a postdoctoral researcher and have several cited papers. Am I eligible to apply for EB-1A or EB-1B?
EB-1A and EB-1B are options for distinguished academics; the choice depends on specific criteria, experience, and job offer, requiring individual evaluation and professional guidance.
Read full answer →Having an association where anyone pays a fee and joins does not count for EB-1A, right?
Associations that accept members upon payment do not prove extraordinary ability for EB-1A, which requires selective criteria and recognized merit.
Read full answer →I have 2,000 scientific citations but no awards. Is EB-1B possible?
2,000 citations can compensate for the absence of awards for EB-1B if demonstrated with robust evidence of academic recognition and significant impact.
Read full answer →EB-1A and EB-1B compete for the same quota of 40,000?
EB-1A and EB-1B share the annual quota of 40,000 visas, making professional guidance and attention to rule changes essential for a secure process.
Read full answer →Investor entrepreneur with EB-1A. Is it common?
The EB-1A is for individuals with extraordinary achievements, not for common investors; investor entrepreneurs usually opt for the EB-5 visa, which requires investment and job creation.
Read full answer →Is there a difference in visa fee at the consulate for EB-1A, EB-1B, or EB-1C?
Consular fees for EB-1A, EB-1B, and EB-1C visas are the same, following a fixed schedule after petition approval, and it is essential to consult official sources to stay informed.
Read full answer →No diploma, but with 20 years of achievements. Is this a problem for the EB-1A?
The absence of a diploma does not prevent proof of excellence in the EB-1A, provided that 20 years of achievements are evidenced by awards, publications, and recommendations.
Read full answer →Does EB-1C have an advantage if I have L-1A?
Holding an L-1A visa can facilitate the transition to EB-1C, which offers the green card, but each process is individual and requires careful analysis and specialized guidance.
Read full answer →My position as ‘executive director’ without subordinates. EB-1C?
EB-1C requires proof of actual managerial functions, not just titles, with robust documentation and specialized analysis for cases without direct subordinates.
Read full answer →What is ‘self-petition’ in EB-1A?
EB-1A allows candidates with extraordinary ability to submit their petition without a sponsor, requiring strict proof and attention to immigration laws.
Read full answer →I have just completed my PhD and only have 1 year of experience. Is EB-1B unfeasible?
EB-1B requires consolidated experience; with 1 year post-PhD, it is more prudent to seek other options until adequate recognition and portfolio are developed.
Read full answer →I am a Chief Financial Officer (CFO). Is EB-1C applicable?
The EB-1C may be an option for CFOs with managerial experience in multinationals seeking leadership roles in the U.S., provided they meet strict criteria and have adequate legal support.
Read full answer →If I am denied the EB-1, does this affect future applications for another visa?
Denial of the EB-1 does not prevent future applications for other visas, provided the reasons for the denial are understood and the new application is prepared carefully and transparently.
Read full answer →For EB-1C, I manage a branch abroad and another person manages the American branch. Do I need to transfer?
EB-1C requires transfer to a managerial position at the American branch; without this strategic role, the visa may be difficult to obtain. Specialized assistance is recommended.
Read full answer →Does USCIS check if I speak English fluently on the EB-1A?
The EB-1A focuses on extraordinary abilities and does not require proof of English fluency, although language proficiency facilitates adaptation in the U.S.
Read full answer →How many years should I stay in the USA after the EB-1C?
The EB-1C grants permanent residence in the U.S. without a fixed length of stay, but it is essential to maintain strong ties to avoid abandonment of status.
Read full answer →Can USCIS visit the company for EB-1C?
USCIS can conduct visits to verify information and ensure compliance in the EB-1C visa process, requiring transparency and accurate company documentation.
Read full answer →EB-1C: what if I am promoted to manager just to obtain the green card?
A promotion to manager under EB-1C must reflect a real and legitimate function, not just facilitate the green card, to avoid risks in the immigration process.
Read full answer →For EB-1B, can I combine teaching experience during my PhD and research in a private company?
Yes, teaching experience during a PhD and research in a private company can be combined for EB-1B, provided it is well documented and meets recognition and impact requirements.
Read full answer →My position abroad was ‘Country Manager’ for 2 years; the American subsidiary recently opened. What are the chances for EB-1C?
The EB-1C is intended for executives in multinational companies; approval depends on the stable operation of the American subsidiary and consistent documentation of the corporate relationship.
Read full answer →I do not have an academic background. Is EB-1B unfeasible?
Without an academic background, EB-1B is unlikely; assess other EB-1 categories, such as EB-1A, always considering specialized analysis and strict criteria.
Read full answer →Professor ‘visiting scholar’ em duas universidades. Falta estabilidade para EB-1B?
Temporary positions as visiting scholar do not guarantee stability for EB-1B, but can add to other merits in individually evaluated processes.
Read full answer →What is the difference between EB-1A and EB-1B?
EB-1A is for individuals with extraordinary abilities without the need for a job offer, while EB-1B requires sponsorship for outstanding professors and researchers.
Read full answer →I am a CEO, but the company is inactive abroad. Does EB-1C apply?
The EB-1C visa requires continuous managerial involvement in an active company; an inactive company abroad makes approval difficult. Specialized analysis and avoiding unfounded promises are recommended.
Read full answer →I worked as CTO of a startup that opened a branch in the USA. Can I apply for EB-1C?
Serving as CTO may qualify for the EB-1C visa, provided that the position involves executive leadership and the US branch has a proven corporate relationship.
Read full answer →EB-1B: do they ask for evidence of ‘publication in major journals’? I have 2 Q2. Is that major?
Publications in Q2 journals may be valid for EB-1B, but success depends on overall impact and other evidence proving your academic excellence.
Read full answer →I am a researcher in a company. Does EB-1B require 2 or 3 years of teaching experience?
To qualify for EB-1B, company researchers must prove at least three years of teaching or research experience, following strict rules and appropriate documentation.
Read full answer →For EB-1A, with 3 critics in sector-specific magazines praising me. Does ‘media coverage’ count?
Positive reviews in sector-specific magazines can help with EB-1A, provided they are recognized and independent, reinforcing the candidate's notability before USCIS.
Read full answer →For EB-1B, I list 2 Q1 papers and have been a reviewer 3 times, but no awards. Is that enough?
Two Q1 articles and experience as a reviewer are positive points for EB-1B, but approval depends on the complete set of evidence and a holistic evaluation of the case.
Read full answer →Does the EB-1A require me to already be in the USA?
The EB-1A visa does not require the applicant to be in the US; it is accessible internationally, provided extraordinary ability is proven and immigration regulations are respected.
Read full answer →Is EB-1C possible for IT managers?
IT managers may be eligible for the EB-1C visa, provided they hold executive managerial roles in multinational companies and meet the required criteria.
Read full answer →Holding both managerial and technical positions abroad. EB-1C?
The EB-1C values predominant managerial experience in multinational companies, even if technical functions coexist, requiring documentation that proves solid leadership.
Read full answer →I have a PhD degree. Does it help with the EB-1A?
The PhD degree enhances your EB-1A profile but does not alone guarantee approval. It is necessary to demonstrate exceptional abilities and additional recognitions.
Read full answer →EB-1B: can I send 10 articles in the full attachment?
There is no fixed number of articles in the EB-1B, but it is vital to prioritize quality and relevance to strengthen your petition and facilitate USCIS analysis.
Read full answer →EB-1C requires me to pay lawyers? Who pays?
The EB-1C visa targets internal transfers of executives and managers; the employer generally pays for the lawyer, although hiring one is not mandatory.
Read full answer →I am a manager as a ‘volunteer manager’ at an NGO. EB-1C?
The EB-1C visa is intended for executives of multinational companies; acting as a volunteer manager in an NGO requires careful analysis due to its specificities.
Read full answer →Can EB-1 quotas be exhausted?
EB-1 category quotas rarely become exhausted but can cause waits if exceeded; monitoring rules and relying on specialized advice is essential.
Read full answer →For EB-1C, the American branch pays me well, but has 2 employees. Any doubts?
Small American branch can sponsor EB-1C, as long as there is proven structure and a clear managerial position, always with specialized guidance and strict compliance with the law.
Read full answer →What do the questions in the EB-1A adjustment interview focus on?
Understand that the EB-1A interview focuses on proving extraordinary abilities, validating documents, and clarifying the relevance of achievements, ensuring transparency and legality.
Read full answer →I have state-level awards in interior design. Is it EB-1A?
State awards in interior design are valuable but generally insufficient for the EB-1A visa, which requires national or international recognition and multiple pieces of evidence of excellence.
Read full answer →My company has only 2 years of existence abroad and 1 year in the US. Can I qualify for EB-1C?
To apply for the EB-1C, it is essential that the company has a stable operation abroad and in the US, and that the executive has held a managerial position outside the US for at least one year.
Read full answer →How does USCIS define ‘awards recognized for excellence’ in EB-1B?
Awards recognized for excellence in EB-1B are national or international distinctions, rigorous and prestigious, that prove the candidate's excellence and accomplishments.
Read full answer →Do non-Olympic sports qualify for EB-1A?
Non-Olympic sports can qualify for the EB-1A visa, provided the athlete demonstrates relevant recognition and consistent evidence of excellence in the field.
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