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Does EB-1C require me to manage managers or only staff?
EB-1C requires clear demonstration of leadership and executive responsibility, without the obligation to specifically manage managers.
Read full answer →Frequently asked questions
Frequently asked questions about EB-1
Straight answers to the most common questions about the EB-1 visa.
Can I file the I-140 and I-485 simultaneously under the EB-1C?
It is possible to file the I-140 and I-485 simultaneously under the EB-1C when the priority date is current and category requirements are met, ensuring a faster and safer process.
Read full answer →In the EB-1B, the company is private and conducts research in AI. Is it possible?
The EB-1B visa can be requested by AI researchers at private companies that prove recognized research and adequate infrastructure.
Read full answer →EB-1B without recommendation letters. Is it possible?
Although recommendation letters are essential for the EB-1B, their absence can be compensated with other robust evidence, but the process becomes more complex and challenging.
Read full answer →What is ‘reputation in the academic field’ in the EB-1B?
Academic reputation in the EB-1B is recognized by relevant contributions, publications, and awards, proving impact and authority in the research area.
Read full answer →My position: ‘Project Director’, but without a team. EB-1C?
EB-1C requires leadership with effective management and team supervision; without a team, the Project Director role may not qualify without proof of executive authority.
Read full answer →How many times can I apply for EB-1A if denied?
You can apply for the EB-1A visa as many times as you wish, provided you present new evidence and comply with the strict U.S. immigration regulations.
Read full answer →Do I need to renew an EB-1A?
The EB-1A grants permanent residence in the US, with no need to renew the status, only the green card every 10 years for administrative updating of the document.
Read full answer →For EB-1B, can I hold the position of adjunct professor?
The adjunct professor position can be accepted under EB-1B if it offers continuity and stability, aligned with USCIS requirements and U.S. immigration laws.
Read full answer →I have not received any awards yet, but I have patents adopted globally. Does this qualify for EB-1A?
Global patents can strengthen your EB-1A petition, provided they demonstrate international impact, leadership, and professional recognition beyond specific awards.
Read full answer →Can EB-1A and EB-1B apply for Premium Processing?
EB-1A and EB-1B are eligible for Premium Processing, which accelerates petition review and assists planning amid current legal requirements.
Read full answer →Do I need genealogy or family certificates for EB-1A?
Genealogy or family certificates are not required for the EB-1A visa, which prioritizes documents that prove extraordinary professional abilities.
Read full answer →I am a CDC researcher. Is EB-1B applicable?
Being a CDC researcher strengthens your EB-1B visa application, provided you demonstrate international prominence, proven experience, and a job offer in the U.S.
Read full answer →My artwork has been acquired by famous museums and generated good income. Is this a basis for EB-1A?
The acquisition of your artwork by renowned museums and the income generated are important, but the EB-1A requires a complete portfolio and detailed analysis to prove extraordinary ability.
Read full answer →For the EB-1C, I worked 1 year as a manager abroad, but that company was sold. Does the subsidiary in the US still continue?
The continuity of the US subsidiary for the EB-1C depends on maintaining the control relationship after the sale; specialized analysis and documentation are essential.
Read full answer →My manager position is remote, but I manage a team abroad. Reverse EB-1C?
The EB-1C requires in-person managerial experience in a foreign entity connected to the U.S. company; remote work may hinder proof of requirements.
Read full answer →Does obtaining references in journalistic publications and past awards already guarantee me an EB-1A?
Publications and awards are important for the EB-1A, but alone do not guarantee approval; a broad and thorough USCIS evaluation is essential.
Read full answer →Does USCIS require proof of ‘current work’? If I am unemployed and applying for EB-1A, is it a problem?
USCIS does not require current employment for EB-1A; the focus is on proving extraordinary abilities and recognition, regardless of work status.
Read full answer →If I received a doping ban in the past, does it interfere with EB-1A as an athlete?
A doping suspension can impact the EB-1A visa for athletes, but the effect depends on the context, making a holistic analysis and specialized guidance essential.
Read full answer →Can they request school diplomas for dependent children in the EB-1?
For dependents on the EB-1 visa, it is not necessary to present diplomas; the focus is on the principal applicant's qualifications, and family documents are the priority.
Read full answer →What is ‘leading or critical role’ for EB-1A?
The 'leading or critical role' in EB-1A is demonstrating decisive influence and essential contribution in prominent projects or organizations, proven by robust documentation.
Read full answer →Is EB-1C unfeasible if the foreign company does not have branches or affiliates in the USA?
The EB-1C visa requires that the foreign company have ties to a U.S. entity; without this connection, the immigration pathway is unfeasible according to current legislation.
Read full answer →Can public universities also sponsor EB-1B?
Public universities can sponsor the EB-1B visa as long as they comply with legal requirements and support candidates with international recognition in their fields.
Read full answer →In the EB-1B, how many letters from colleagues do I need?
There is no minimum number of letters for EB-1B; 3 to 5 letters from colleagues evidencing academic recognition are recommended, always accompanied by solid documentation and personalized evaluation.
Read full answer →EB-1A would allow me to work in any area after getting the green card?
The green card through EB-1A guarantees freedom to work in any area in the US, regardless of the specialization proven in the process.
Read full answer →Can children on the EB-1C study in public schools without a student visa?
Dependent children on EB-1C are entitled to a green card and can attend public schools in the U.S. without a student visa, provided immigration status is regularized.
Read full answer →Does a company without a website cause suspicion in EB-1C?
The absence of a website does not automatically cause suspicion in EB-1C, but it is essential to prove the company's legitimacy with consistent documentation that complies with American regulations.
Read full answer →Is there a distinction between EB-1A in sciences and EB-1A in arts?
The EB-1A does not legally distinguish between sciences and arts; the criteria are the same, but the evidence varies according to the field, requiring rigor and caution in the immigration process.
Read full answer →In the EB-1C, if I buy an American company, can I be CEO and count the 1 year of experience?
For the EB-1C, executive experience must be acquired in a foreign company related to the American company; buying and serving as CEO in the U.S. does not count as qualified experience.
Read full answer →For EB-1C, if I was a manager of 6 branches abroad. It’s a high-level position, right?
Managing 6 branches can be considered a high-level position for EB-1C, provided there is proof of the strategic responsibilities and authority required by the visa.
Read full answer →My managerial position abroad was formal, but I performed technical activities. How to avoid denial in EB-1C?
To avoid denials in EB-1C, prove your managerial role with documents, highlight leadership even with technical tasks, and strictly follow immigration rules.
Read full answer →In the EB-1B category, do I need to submit master’s/PhD transcripts?
In the EB-1B category, master's/PhD transcripts are not always mandatory but can strengthen the process if your academic qualification needs to be evidenced in more detail.
Read full answer →What is ‘substantial evidence’ for EB-1?
Substantial evidence for EB-1 consists of robust and detailed proofs that demonstrate extraordinary abilities, essential for petition success and legal compliance.
Read full answer →For EB-1C, does internship time count as managerial experience?
Internships are normally not considered managerial experience for EB-1C; it is essential to prove leadership in effective work, with clear documentation and rigorously follow immigration laws.
Read full answer →How do I know if I meet the ‘leadership of critical roles’ requirement in the EB-1A?
To prove critical leadership in the EB-1A, gather clear evidence of your influence and responsibility in essential projects, maintain detailed documentation, and seek specialized guidance.
Read full answer →Immigrating via EB-1C, can I later change companies?
After obtaining the green card via EB-1C, it is possible to change companies; however, it is crucial to act with caution and follow the law to avoid scrutiny from immigration authorities.
Read full answer →I will send corroboration from my sponsor for the EB-1C and financial documents. Is that good?
Sending the sponsor's corroboration with financial documents strengthens the EB-1C, provided all legal and documentary USCIS requirements are met.
Read full answer →If I am ‘co-CEO’ or ‘co-chair’, does EB-1C work?
Having the title 'co-CEO' or 'co-chair' can be eligible for EB-1C if executive functions and leadership are proven, regardless of the shared nature of the position.
Read full answer →After EB-1A approval, can I keep my F-1 visa and work off-campus?
After EB-1A approval, maintaining the F-1 visa implies adhering to its restrictions, including limitations on off-campus work, which requires specific authorizations.
Read full answer →Have I always been praised, but nothing formal. EB-1A?
Informal praise is insufficient for the EB-1A; it is essential to prove excellence through objective evidence and solid formal documentation.
Read full answer →I see statistics on the USCIS website. Is EB-1A the E11 subcategory?
EB-1A and E11 refer to the same visa category for professionals with extraordinary abilities; different acronyms, but identical criteria and processes.
Read full answer →Is it possible for spouse and children to work or study after EB-1?
After EB-1 approval, spouse and children with green cards can work and study in the U.S. without the need for additional visas.
Read full answer →For EB-1B, are awards from a local university not enough?
Local awards are not enough for EB-1B; international recognition, solid evidence, and rigorous evaluation are required to prove global excellence.
Read full answer →For EB-1C, does the US company need to be in the same business sector?
The EB-1C requires a clear corporate relationship between companies, not necessarily in the same business sector, for the transfer of executives and managers to US units.
Read full answer →Does the EB-1C require maintaining a managerial position abroad and continuing in a managerial role in the United States?
The EB-1C requires managerial experience abroad and in the U.S., ensuring continuity in leadership roles for the company's expansion in the United States.
Read full answer →Is there a problem if in 2018 I tried EB-2 and now EB-1A?
There is no impediment to try EB-1A after EB-2, but each case is evaluated individually. Organized documentation and legal care are essential.
Read full answer →I am an extra in Hollywood, I appeared in movies. EB-1A?
Having participated in Hollywood does not guarantee an EB-1A; it is necessary to prove recognition and extraordinary achievements in the artistic field.
Read full answer →Does EB-1B usually require a minimum impact factor (IF)?
The EB-1B visa requires international recognition and consistent evidence, without requiring a minimum impact factor in publications to prove academic excellence.
Read full answer →Can I use doctoral dissertation publications for the EB-1B?
Publications derived from a doctoral dissertation can contribute to the EB-1B if they are recognized, impactful, and rigorously evaluated, with strict adherence to laws and reliable guidance being essential.
Read full answer →Has USCIS ever approved EB-1A for famous DJs?
USCIS approves EB-1A for famous DJs who demonstrate extraordinary achievements and strictly meet the legal criteria with solid documentation.
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