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What is ‘qualitative assessment’ in EB-1?
Qualitative assessment in EB-1 is the analysis of the relevance and impact of the candidate's contributions, based on evidence and individually evaluated by immigration officers.
Read full answer →Frequently asked questions
Frequently asked questions about EB-1
Straight answers to the most common questions about the EB-1 visa.
EB-1B and simultaneously pursuing a PhD? Is there a conflict?
Pursuing a PhD does not prevent applying for the EB-1B, provided there is institutional support and proven excellence; each case requires careful analysis and specialized legal guidance.
Read full answer →I was an invited columnist for a sectoral journal, but I did not win any awards. Does that qualify for EB-1A?
Being an invited columnist is a positive recognition, but EB-1A requires multiple robust proofs of extraordinary ability and international distinction.
Read full answer →Why do so many EB-1A petitions receive RFEs?
The RFE in EB-1A petitions occurs due to USCIS's need for clear and detailed evidence proving extraordinary abilities, reinforcing the importance of well-organized documentation.
Read full answer →Being a co-founder of a company abroad, can I apply for EB-1C?
The EB-1C requires managerial experience in a foreign company and proven relationship with a U.S. company; the petition must be filed by the American employer, with professional evaluation recommended.
Read full answer →Is there a risk if I moved to another state during EB-1B?
Moving to another state during the EB-1B process does not pose an immediate risk if the job remains the same; update your address with USCIS and consult experts if significant changes occur.
Read full answer →I worked for a full year, but at two different companies within the same group. Is the EB-1C valid?
Experience in two companies within the same group can be valid for the EB-1C if there is a clear connection and documentation proving continuous executive functions.
Read full answer →In the EB-1C, can I be a partner in the company?
The EB-1C is for executives or managers transferred to a U.S. branch; minority partners may be accepted, provided they prove managerial function and legitimate employment relationship.
Read full answer →For EB-1A, does the association require proof of achievements?
For EB-1A, it is essential to prove extraordinary achievements, which are often also required by associations, aligning evidence to strengthen the process and comply with current laws.
Read full answer →EB-1B: did the employer offer me a professor position ‘without a fixed term’?
A professor position 'without a fixed term' generally meets the EB-1B visa requirements, which demand permanent job offers and stability in the academic career.
Read full answer →I stayed inactive for 2 years after being a manager abroad. If it is still within 3 years, does EB-1C work?
The EB-1C visa requires proof of at least one uninterrupted year as a manager within the past three years; careful evaluation and specialized advice are essential.
Read full answer →A ‘Country Manager’ position supervising a local subsidiary. EB-1C?
The EB-1C visa can be an option for Country Managers of multinational companies, provided they demonstrate executive positions and strategic management in subsidiaries, respecting immigration regulations.
Read full answer →I already have a PhD and won a local ‘best dissertation’ award. Can I use it for EB-1B?
Having a PhD and a local award like 'best dissertation' strengthen the EB-1B petition, provided they are accompanied by broad evidence proving international impact and recognition.
Read full answer →What happens if my American company is acquired by another during the EB-1C process?
Acquisitions during the EB-1C require a rigorous analysis of the continuity of the executive role and corporate structure to ensure visa eligibility.
Read full answer →I applied for EB-1 without awards, but with 3 criteria. Is it valid?
The EB-1 strategy without awards is valid if three criteria are proven with robust documentation and clear evidence of extraordinary ability.
Read full answer →My patent was used in products sold in 50 countries. Is this great for EB-1A?
Having a patent used in products sold in 50 countries is relevant for EB-1A but should be complemented by other evidence and proper documentation.
Read full answer →I have regional awards, but I have also presented papers at national events. Does the EB-1A qualify?
Regional awards and participation in national events can strengthen your EB-1A visa petition, provided they are accompanied by other relevant and consistent evidence.
Read full answer →Can I submit EB-1A without any award, but with 3 other strong criteria?
It is possible to submit an EB-1A petition without awards, as long as three other strong criteria are proven with clear and organized evidence, respecting individual assessment.
Read full answer →I am already on an L-1A visa. Should I wait 1 year in the US before applying for EB-1C?
It is not mandatory to wait one year in the US for EB-1C; the focus is on proving one year as an executive or manager outside the US within the last three years, according to legal requirements.
Read full answer →Tourists and EB-1: can I enter on a B-2 and apply for I-485?
Entering the US on a B-2 visa implies a temporary intent; adjusting to EB-1 via I-485 may cause legal problems and requires careful attention and specialized guidance.
Read full answer →I held the position of ‘Area Manager’ in 2 different branches. Does it qualify for EB-1C?
The position of 'Area Manager' can be considered managerial for EB-1C if it involves strategic decision-making, supervision, and impact on the company, but detailed evaluation and supporting documentation are essential.
Read full answer →My foreign company opened an LLC in the USA just to bring me over. Does EB-1C apply?
Opening an LLC in the USA solely to enable transfer does not guarantee eligibility for EB-1C; it is necessary to prove a multinational structure and a solid executive role.
Read full answer →In the EB-1B, I mentioned publications in Q1, but without citing the impact factor. Is this risky?
Q1 publications demonstrate academic relevance; however, including the impact factor and clear evidence is essential to strengthen your EB-1B.
Read full answer →What are the general criteria for EB-1A?
EB-1A is for professionals with extraordinary abilities and notable recognition, who prove exceptional achievements according to USCIS's strict criteria.
Read full answer →I am a nursing technician with awards at a hospital. EB-1A is not plausible, right?
EB-1A requires extraordinary ability with broad recognition; nursing technicians with local awards usually do not qualify, but specialized evaluations may indicate alternative paths.
Read full answer →Internationally awarded tattoo artist. Is EB-1A possible?
Internationally awarded tattoo artists may consider the EB-1A, provided they present solid proof of recognition and extraordinary performance according to USCIS criteria.
Read full answer →In the EB-1B visa, does pre-doctoral experience count?
Pre-doctoral experience can be considered for the EB-1B if it is professional and proven, but each case is evaluated according to US immigration criteria.
Read full answer →Is a ‘manager’ position responsible for 2 employees and 3 contractors eligible for EB-1C?
The EB-1C requires proof of significant managerial functions, regardless of the number of subordinates, and careful case-by-case analysis by US authorities.
Read full answer →For EB-1B, is a ‘permanent job offer’ required?
EB-1B requires a permanent or long-term job offer, ensuring the candidate's stability and long-lasting commitment to the U.S. institution.
Read full answer →EB-1A and EB-1C can be filed simultaneously? One self-petition, the other by the employer?
It is possible to submit simultaneous petitions for EB-1A and EB-1C, but it is essential to ensure consistency, meet strict requirements, and seek specialized professional guidance.
Read full answer →Is the EB-1A more difficult than the EB-2 NIW?
EB-1A requires strict international recognition, while EB-2 NIW focuses on national benefit; the choice depends on the candidate's profile and achievements.
Read full answer →Is the EB-1 the same as ‘E1’ or ‘E2’?
EB-1 and E1/E2 visas have distinct purposes: EB-1 is for permanent residency based on extraordinary abilities; E1/E2 are temporary visas for commerce and investment.
Read full answer →I am a basketball player in a secondary league. Little media coverage. EB-1A?
The EB-1A visa requires proving extraordinary ability and international recognition, a greater challenge for players in secondary leagues with little media and limited exposure.
Read full answer →I am a former Olympic athlete but without a medal. Is EB-1A possible?
Participating in the Olympic Games is valuable, but the EB-1A requires proving extraordinary ability with additional recognitions, even without a medal.
Read full answer →How many times does USCIS require an interview for EB-1?
USCIS rarely requires interviews for the EB-1 visa, usually conducting this procedure only once, in cases that require specific additional clarifications.
Read full answer →Did I win a gold medal in a world martial arts championship. EB-1A?
Winning gold in a world championship is notable, but the EB-1A requires multiple pieces of evidence that prove extraordinary ability and continuous leadership in the field.
Read full answer →EB-1A or EB-2 NIW for a scientist?
EB-1A requires high recognition for extraordinary abilities; EB-2 NIW waives job offer if national impact is proven. Choice depends on the scientist's profile and evidence.
Read full answer →My area is environmental science. I do not have patents. Can I apply for EB-1A?
Environmental professionals can apply for the EB-1A visa even without patents, provided they demonstrate recognition and relevant contributions in the field, supported by robust documentation and legal assistance.
Read full answer →I changed my status from F-1 to B-2. Can I apply for EB-1?
Changing status from F-1 to B-2 does not prevent applying for EB-1, but requires rigorous evidence, legal compliance, and specialized professional guidance.
Read full answer →I hold the position of ‘regional director’ at a company with 2,000 employees. Is EB-1C easier?
The EB-1C visa may be compatible with regional directors but requires detailed and rigorous analysis of the profile, business structure, and U.S. legislation.
Read full answer →My degree is in medicine, but I am doing research. Does EB-1B require a medical license?
The EB-1B visa values your research achievements and does not require a medical license for clinical practice, but advises caution regarding future regulations and seeking specialized guidance.
Read full answer →I am a senior manager, but the company does not generate much profit. Does the EB-1C require a minimum profit?
The EB-1C does not require minimum profit, but rather a clear executive role and a U.S. company with the structure and viability to sustain real operations and growth.
Read full answer →EB-1B: 2 of 6 criteria and international reputation. What is reputation?
International reputation in EB-1B refers to the global recognition and value of the candidate's academic contributions, essential to prove their prominence in the field.
Read full answer →For EB-1B, I participated as a member of the editorial board of a Q1 journal. Is this considered judge?
Serving on the editorial board of a Q1 journal can be considered 'judge' for EB-1B, provided it involves analysis and decision-making on academic works with proper documentation.
Read full answer →How do I find a certified physician for the exam if I do EB-1 Adjustment of Status?
For EB-1 Adjustment of Status, find certified doctors on the USCIS website, confirm the list, and follow official rules to ensure a safe process aligned with immigration regulations.
Read full answer →I am a famous art critic. Can I apply for EB-1A?
The EB-1A visa is for renowned art critics who prove recognition and impact, following rigorous criteria and U.S. immigration laws.
Read full answer →EB-1A exige que eu prove ‘intencao de trabalhar’?
O EB-1A nao requer oferta de emprego, mas sim comprovacao do compromisso em continuar atuando na area de habilidade extraordinaria nos EUA, garantindo merito e conformidade legal.
Read full answer →No EB-1A, is it valid to mention ‘guest speaker’ at large corporate events?
Mentioning guest speaker experiences at large events is valid in EB-1A if supported by legitimate and industry-recognized documents.
Read full answer →Can I apply for EB-1C if the foreign company hired me as a manager 6 months ago?
The EB-1C requires a minimum of one year's experience as a manager in a multinational company outside the U.S.; six months is not sufficient to qualify.
Read full answer →My position was co-manager with another person. Does EB-1C apply?
Eligibility for the EB-1C visa in a co-manager position depends on clear proof of executive or managerial functions, analyzed on a case-by-case basis with robust documentation.
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