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Frequently asked questions
Straight answers to the most common questions about the EB-1 visa.
The EB-1A is a visa for professionals with extraordinary abilities, such as renowned chefs, based on multiple achievements and international recognition, including books and media.
Read full answer →The EB-1A can speed up the green card for those who prove extraordinary ability, but it depends on solid documentation and complying with USCIS criteria.
Read full answer →The offer 'Assistant Professor leading to tenure-track' can be valid for EB-1B if it demonstrates a clear path to a permanent position and meets essential professional requirements.
Read full answer →EB-1A requires robust proof of extraordinary abilities, with publications, awards, and clear evidence for dentists to stand out nationally and internationally.
Read full answer →When refiling EB-1A after denial, the priority date is normally the new filing date, except in specific cases that allow reuse of elements from the previous petition.
Read full answer →For the EB-1B visa, international recognition goes beyond two criteria; diverse evidence and organized documentation are essential to prove global impact.
Read full answer →Two patents and one article cited 100 times indicate relevant contributions in chemistry, but EB-1B requires a full profile evaluation and consistent evidence of international recognition.
Read full answer →The EB-1B exempts the job market test for outstanding professors and researchers, requiring proof of academic achievements and a permanent job offer in the U.S.
Read full answer →There is no exemption for traditional artisans in the EB-1 visa; it is necessary to prove extraordinary ability and international recognition according to strict criteria.
Read full answer →The EB-1C requires physical presence for managerial executives in the USA, does not accommodate conventional remote work, and demands attention to laws and specialized consultations.
Read full answer →EB-1A and EB-1B serve distinct profiles; the choice depends on the candidate's background and evidence of excellence, with no category necessarily easier.
Read full answer →Eligibility for EB-1C in a family business requires proof of multinational structure and professional management, separate from family ties, with rigorous documentation.
Read full answer →USCIS does not offer an official template for the EB-1A; each petition must be personalized and comply with legal standards, with professional support to ensure compliance and avoid risks.
Read full answer →Three years of postdoc can count for EB-1B if there is proof of research and recognition; lack of teaching makes the process more challenging.
Read full answer →The EB-1A does not require a minimum number of years of career experience, but rather compelling evidence of extraordinary ability and recognition in the professional field.
Read full answer →Companies with 500 employees indicate stability, but EB-1C approval depends on strict compliance with visa criteria and individualized analysis.
Read full answer →The EB-1A criteria are uniform for artists and scientists, requiring proven excellence, but documentation varies according to the field of expertise.
Read full answer →The EB-1C visa does not require a specific minimum salary, but the job offer must be compatible with the role and comply with labor laws in the U.S.
Read full answer →In the EB-1C, the transfer requires that the new position in the U.S. be managerial or executive, maintaining similar responsibilities to the foreign role, without the need to be identical.
Read full answer →Old awards can be used in the EB-1A if they remain relevant and recognized, making it essential to present solid evidence and comply with legal requirements.
Read full answer →EB-1 and EB-2 are distinct visas for immigration to the USA, each with its own criteria and specific requirements, despite being based on the same legislation.
Read full answer →It is not recommended to send videos on a pen drive for EB-1A; follow official guidelines to ensure your petition is properly reviewed and within the deadline.
Read full answer →Position changes during EB-1C are possible but must maintain managerial functions and strictly follow immigration rules to avoid legal complications.
Read full answer →Your EB-1B petition can be valid even without awards, as long as other strong criteria are well proven and legal requirements are strictly followed.
Read full answer →The EB-1C visa requires executive or managerial experience in a foreign company linked to the American employer, with documentation and detailed analysis for approval.
Read full answer →Interviews for EB-1A I-140 are not common but may occur in specific cases; solid documentation usually waives them.
Read full answer →Artists and performing arts professionals may qualify for the EB-1A visa, provided they demonstrate exceptional excellence and significant recognition.
Read full answer →The EB-1C visa requires organizational structure and clear executive functions; being the only employee may hinder approval. Seek specialized guidance and follow the laws strictly.
Read full answer →Companies with only two researchers may have difficulty proving the robust environment required by EB-1B; specialized guidance is essential.
Read full answer →The EB-1B visa requires at least two criteria and a job offer in the US, essential to validate experience and prove institutional support, a fundamental requirement for approval.
Read full answer →Professors abroad may apply for EB-1B if they present a job offer in the USA and prove international reputation, strictly following current immigration regulations.
Read full answer →Understand the reasons for the EB-1B denial, explore sponsorship alternatives, and evaluate other immigration paths with specialist guidance, always respecting U.S. laws.
Read full answer →Use ROI to prove the impact of your projects in the EB-1A visa, supporting it with clear data, following immigration rules, and complementing with other relevant evidence.
Read full answer →It is possible to start an EB-1 petition with a pending EB-2, but it requires attention, organization, and consultation with professionals to ensure legal compliance and security in the immigration process.
Read full answer →Even after changing jobs, it is possible to use the EB-1B if the new employer meets the legal requirements and your professional history maintains international recognition.
Read full answer →Meeting three EB-1A criteria strengthens the case but does not guarantee approval; the evaluation is comprehensive and depends on the quality of the evidence presented.
Read full answer →After I-140 EB-1A approval, it is possible to include spouse and minor children as dependents during adjustment of status or consular processing, respecting current regulations.
Read full answer →Although it is not mandatory, declaring the foreign company's tax returns strengthens the EB-1C petition by proving the operation and financial solidity of the company abroad.
Read full answer →The EB-1B category requires a permanent job offer and international recognition, making it essential to prove relevant academic contributions even without a tenure-track position.
Read full answer →A municipal theater without national fame can be valid for the EB-1A visa, provided it demonstrates relevance and recognition in the field, along with other strong evidence in the process.
Read full answer →The L-1A visa allows temporary transfer for executives; the EB-1C offers permanent residence, ideal for those aiming for senior management and living in the US.
Read full answer →The EB-1A does not require fixed employment in the US but demands a clear plan to continue working in the area and to comply rigorously with immigration laws.
Read full answer →EB-1B and EB-1A share the same annual visa limit; there are no separate quotas, and it is essential to seek specialized guidance due to the complexity of U.S. immigration laws.
Read full answer →EB-1C applies to multinational executives transferred to the USA, regardless of employee count, provided operational and legal criteria are met.
Read full answer →Working remotely from Canada for an American company may not be sufficient for EB-1C; it is essential to prove international managerial ties and appropriate corporate structure.
Read full answer →The EB-1C requires the American company to have been active for at least one year, proving solidity and stable structure for the transfer of multinational executives.
Read full answer →If you did not manage people as CTO, EB-1C may not be suitable; evaluate other categories and seek specialized guidance for the best immigration strategy.
Read full answer →It is not mandatory to be the first author on articles for EB-1A; the essential aspect is to prove significant impact and recognition in your professional field.
Read full answer →Advising master's/PhD students contributes to the EB-1B by demonstrating leadership, professional training, and academic impact, but must be associated with other relevant evidence.
Read full answer →The EB-1C visa requires at least one year of managerial experience outside the US; experience in the US does not count towards this essential criterion.
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