English
Português
Español
EB-1C: was the foreign branch a home office? Does it count?
Branches operating from home offices may not meet EB-1C requirements; it is essential to prove real structure and operations to guarantee visa approval.
Read full answer →Frequently asked questions
Frequently asked questions about EB-1
Straight answers to the most common questions about the EB-1 visa.
Seamstress who created locally awarded designs. EB-1A?
The EB-1A visa requires robust proof of recognition and impact in the field, not limited to local awards, to demonstrate extraordinary ability.
Read full answer →I am a manager of an international NGO. Does the EB-1C cover NGOs?
The EB-1C visa, intended for multinational executives, can be complex for NGOs, requiring a clear structure and specialized guidance to meet legal criteria.
Read full answer →EB-1C and the American company opened last year and has 5 employees. Is it valid?
A recently established American company with 5 employees may face difficulties with the EB-1C; it is essential to prove a solid managerial structure and consult specialists for eligibility.
Read full answer →I am a second division soccer player. EB-1A is difficult, right?
The EB-1A visa is difficult for second division players as it requires international recognition and high-level achievements, but it's not impossible with solid evidence.
Read full answer →Did I exercise digital marketing supervision? EB-1C?
The EB-1C visa is intended for executives and managers of multinational companies; supervision in digital marketing is valid if it involves leadership and strategic decisions.
Read full answer →I am a musical director of an orchestra with 10 musicians. EB-1A?
The EB-1A requires proof of extraordinary abilities and international recognition; leading an orchestra is relevant, but concrete evidence and career impact are essential.
Read full answer →What is the average processing time for the I-485 in EB-1?
The average I-485 processing time for EB-1 ranges between 8 to 14 months, subject to specific factors and administrative changes. Monitoring official information is essential.
Read full answer →Do leadership positions in public research institutions also qualify for the EB-1B?
Leadership positions in public research qualify for EB-1B only if they involve effective research leadership and proven international recognition.
Read full answer →EB-1C if I am Head of Finance and Head of HR at the same time. Is that okay?
The EB-1C requires proven executive functions. Combining positions is feasible as long as it is strategic, well documented, and supported by the company's structure.
Read full answer →IT professional with high salary, no awards. Is it EB-1A?
High salary does not guarantee EB-1A; it is essential to prove extraordinary ability through awards, publications, or formal recognitions in the field.
Read full answer →I participated as an expert witness in court. Does this help with the EB-1A?
Participating as an expert witness in court can strengthen your EB-1A case, provided it is complemented by other evidence of recognition and rigorous document organization.
Read full answer →Did I acquire citizenship of another country before? Does it affect EB-1?
Having citizenship of another country does not affect your eligibility for the EB-1 visa, as long as you prove merit and follow US immigration legal regulations.
Read full answer →My company is listed on the Stock Exchange. Does it help with EB-1C?
Having a company listed on the Stock Exchange is positive, but for the EB-1C visa it is crucial to prove leadership, business structure, and a qualified relationship with the U.S. branch.
Read full answer →Does the EB-1B always require the employer to pay the fees?
The EB-1B visa requires the employer to sponsor the petition and generally cover the fees, but negotiation may occur; following laws and seeking professional guidance is essential.
Read full answer →Does EB-1C also require PDE or a Master’s degree?
EB-1C requires proven managerial experience, not a Master's or PDE, and demands attention to laws and official guidelines for a secure process.
Read full answer →Ex-posições de liderança na empresa mas sem prêmios, é EB-1A?
Posições de liderança fortalecem o EB-1A, mas é essencial combinar com outras evidências robustas para comprovar habilidade extraordinária e obter aprovação.
Read full answer →I held the position of ‘assistant manager’ for 2 years. Is this senior enough for EB-1C?
EB-1C requires leadership positions with decision-making authority; assistant manager role may not qualify. Gather evidence and consult specialized professionals for effective proof.
Read full answer →For EB-1C, can I manage sales of 2 different units in the USA?
The EB-1C allows managing sales in two units in the USA if the role involves supervision and strategic decisions, with proper documentation and proven legal compliance.
Read full answer →For EB-1A, is it necessary to cite legal references or is it enough to just show evidence?
For EB-1A, it is not mandatory to cite laws; the important thing is to present clear evidence aligned with legal criteria, always respecting regulations and seeking specialized guidance.
Read full answer →EB-1C for a commercial director who manages a sales team. Does it apply?
The EB-1C may be valid for commercial directors who manage teams, provided their functions include strategic management and broad executive responsibilities.
Read full answer →I have regional trophies and local coverage. Should the EB-1A be denied?
Regional trophies and local coverage are positives, but EB-1A requires evidence of national or international prominence to prove extraordinary ability.
Read full answer →I am a researcher with 2 years of experience and 4 publications. Is it too early for EB-1B?
EB-1B requires international recognition and consolidated experience; with 2 years and 4 publications, it is recommended to expand your portfolio before applying.
Read full answer →Is it common for cartoonists to obtain the EB-1A?
Cartoonists with a solid career and national or international recognition can, indeed, obtain the EB-1A visa, provided they clearly demonstrate excellence and comply with legal norms.
Read full answer →What is the difference between EB-1A and the O-1 visa?
EB-1A offers a green card with self-petition for recognized professionals; O-1 is a temporary visa tied to employment or a project in the US.
Read full answer →I am on an L-1A visa and want to apply for EB-1C. Do I need to do PERM?
The transition from an L-1A visa to EB-1C does not require PERM; the focus is on proving executive role in a multinational company, following specific criteria and respecting immigration laws.
Read full answer →I have been in Europe for 2 years in a managerial position. The headquarters is in the USA. Can I apply for EB-1C?
The EB-1C visa allows the transfer of executives or managers to the US, provided they meet specific requirements, including a connection to the US company and proven managerial experience.
Read full answer →Can I skip the PERM in the EB-1B?
The EB-1B visa waives the PERM process due to the recognized excellence of outstanding professors and researchers, but requires care to strictly follow immigration laws.
Read full answer →Is the position of ‘lab manager’ abroad and ‘lab manager’ in the USA valid for EB-1C?
The position of 'lab manager' may be eligible for the EB-1C visa, provided it involves relevant managerial functions and proven leadership in a multinational company.
Read full answer →For EB-1A, do 3 minor awards substitute 1 major one?
There is no rule that three minor awards substitute a major one; USCIS's analysis is individual and evaluates relevance, prestige, and the candidate's context in the EB-1A process.
Read full answer →In EB-1B, must a private employer have a research department with a publication history? Correct?
In EB-1B, private employers must prove a solid and recognized research environment, not necessarily with a formal department, for petition approval.
Read full answer →What are the criteria for EB-1B?
The EB-1B is for professors and researchers with international recognition, who demonstrate academic distinction and a permanent job offer at a U.S. institution.
Read full answer →For EB-1B, does working in government laboratories also qualify?
Working in government laboratories can meet the EB-1B requirements, provided that the experience and international impact are proven and formally presented.
Read full answer →If EB-1 does not work, can I reclassify the same petition to EB-2 NIW?
It is not possible to automatically reclassify an EB-1 petition to EB-2 NIW; a new petition is required according to the specific criteria of each visa.
Read full answer →I am a music teacher at a school. Is EB-1B only for university level?
EB-1B is not restricted to university level; international recognition and relevant contributions in research or art are determining factors for eligibility.
Read full answer →I am a CEO, but the American branch has not been opened yet. Is EB-1C possible?
The EB-1C visa requires that the American branch has been active for at least one year to enable executive transfer; it is essential to follow legal norms and seek specialized guidance.
Read full answer →What is the EB-1 visa?
The EB-1 visa offers permanent residence in the US to professionals with extraordinary abilities, academic leaders, and multinational executives, subject to strict legal requirements.
Read full answer →For EB-1B, do I need to have an ‘international’ reputation?
It is not mandatory to have an international reputation for EB-1B, but it is essential to demonstrate outstanding recognition by peers in the academic field, whether local, national, or international.
Read full answer →I was offered a tenured professor position. Does it fit the EB-1B requirements?
The EB-1B visa is for professors with international recognition; it is essential to gather robust documentation and consult specialists to ensure compliance and avoid issues.
Read full answer →In EB-1B, can I continue publishing while the petition is pending?
It is possible to continue publishing during the EB-1B petition review, provided the new publications are consistent and reinforce the original narrative, following USCIS guidelines.
Read full answer →In the EB-1B, can I have a temporary associate researcher position?
The EB-1B requires a permanent research position; temporary roles like associate researcher may not meet the required stability criteria.
Read full answer →Is there a limit on dependents in the EB-1?
The EB-1 visa allows dependents to be included, generally spouse and unmarried children under 21 years old, without a numerical limit, according to US immigration laws.
Read full answer →EB-1B and tenure-track in the case of post-doc, is it valid?
The EB-1B category requires a permanent or equivalent position, such as tenure-track; temporary post-doc positions generally do not meet this requirement.
Read full answer →Is the consular interview for the EB-1 visa the same as for a tourist visa?
The EB-1 visa interview is more detailed and rigorous than the tourist visa interview, requiring proof of exceptional merits and following distinct procedures.
Read full answer →Can regional conferences count towards EB-1B?
Regional conferences can be part of the evidence for EB-1B but are complementary and must be within a context of international recognition and relevant achievements.
Read full answer →Did I leave the position of professor and become a consultant. Is EB-1B still valid?
Changing from professor to consultant can affect eligibility in EB-1B, depending on the maintenance of ties with research and teaching at recognized institutions.
Read full answer →In the EB-1C, if I manage only 3 subordinates, but they are area managers?
In the EB-1C, the focus is on managerial responsibility and strategic supervision, not just the number of subordinates, to prove eligibility.
Read full answer →Is being a scientific journal editor considered for EB-1A or EB-1B?
Being a scientific journal editor can strengthen your application for EB-1A and EB-1B visas, depending on the context and other criteria of your professional profile.
Read full answer →I am a classical ballet teacher and I won a national festival. EB-1A?
A national ballet award is relevant for the EB-1A, but it must be part of solid evidence proving continuous and extraordinary recognition in the field.
Read full answer →Employment abroad was part-time, but I was a manager. Does it count for EB-1C?
For EB-1C, the managerial role must be full-time. Part-time employment may not meet the requirement, requiring detailed analysis and proof of strategic impact.
Read full answer →