English
Português
Español
How long can I stay on the L-1A before applying for EB-1C?
There is no minimum time on the L-1A to apply for the EB-1C; the key requirement is having served as a manager abroad for at least one year within the last three years.
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 EB-1C be revoked if I change positions before the green card is finalized?
Position changes before the green card is finalized can affect the EB-1C; stability and specialized guidance are essential to maintain eligibility.
Read full answer →Is there a way to see approved EB-1 cases to get inspired?
Learn where to find approved EB-1 visa cases for inspiration, understanding that each process is unique and must strictly comply with US immigration laws.
Read full answer →Does the EB-1C require labor certification?
The EB-1C visa does not require labor certification, facilitating the transfer of multinational executives to the U.S., but requires attention to laws and correct documentation.
Read full answer →What is the difference between EB-1A and EB-2 ‘Aliens of Exceptional Ability’?
EB-1A requires extraordinary ability without a job offer; EB-2 'Aliens of Exceptional Ability' is a more accessible alternative with the possibility of a waiver, depending on the candidate's profile.
Read full answer →I filed for EB-1B, but the American company went bankrupt during the process. Now what?
The bankruptcy of the sponsoring company in the EB-1B process can jeopardize the petition; consult specialists and consider alternatives to ensure legal compliance and security.
Read full answer →Position of ‘head of marketing’ for the country. Does it qualify for EB-1C?
The EB-1C visa for executives and managers requires analysis of job functions and company structure, especially for head of marketing positions with clear strategic and managerial responsibilities.
Read full answer →Is there a limit to how many people can qualify under EB-1A?
The EB-1A has no annual limit on approvals; candidates with extraordinary abilities can qualify, provided they prove their merits according to US law.
Read full answer →Is EB-1B applicable only to academic careers?
The EB-1B mainly serves renowned academics, but other categories may be more suitable for professionals outside the university environment.
Read full answer →I was a CEO, but the company abroad was small (8 employees). Does EB-1C apply?
Being a CEO of a small company can make EB-1C difficult without proving high-level managerial functions and a qualifying relationship with the US entity.
Read full answer →Salary is $200k, industry average $80k. EB-1A high salary criterion ok?
Earning a salary of US$ 200,000 compared to an average of US$ 80,000 is a positive indicator for EB-1A, but must be accompanied by robust documentation and other criteria.
Read full answer →I tried EB-1 and returned to my country. Can I try again later?
It is possible to resume an EB-1 visa attempt after returning to your country, provided the application is carefully planned and respects legal requirements.
Read full answer →For EB-1A, do 3 awards from the same association count as 3 distinct awards?
Awards from the same association can be considered distinct for EB-1A if granted at different times and for specific achievements, with proper documentation.
Read full answer →Do I need to show evidence for each of the 10 criteria in the EB-1A?
It is not necessary to evidence all 10 EB-1A criteria; it is emphasized to prove excellence through 3 relevant criteria and consistent evidence.
Read full answer →For EB-1C, I have 1 year of experience, but divided into two 6-month periods. Does that qualify?
In EB-1C, one year of managerial experience can be accepted even if divided into two periods, provided continuity and executive responsibility are demonstrated.
Read full answer →I am an independent singer. I had 2 million streams on Spotify. EB-1A?
Having 2 million streams on Spotify is notable, but for EB-1A it is essential to have a solid set of evidence proving extraordinary ability and recognition in the career.
Read full answer →Can I enter the USA with a B-1/B-2 while awaiting the EB-1A?
Entering the USA with a B-1/B-2 visa while awaiting the EB-1A is possible but requires proving temporary intent and strong ties to avoid complications in immigration.
Read full answer →At the final merits stage, can they say ‘you meet 3 criteria but you are not extraordinary’?
For the EB-1 visa, meeting criteria is not enough; it is crucial to prove a true level of excellence, with qualitative analysis and professional support to ensure success in the process.
Read full answer →Do I need a criminal background certificate from all the places I have lived?
It is necessary to present a criminal background certificate from countries where you resided for six months or more, with a sworn translation if not in English.
Read full answer →Can I mention awards from hackathons sponsored by IBM and Google?
Awards from hackathons sponsored by IBM and Google can be cited in the EB-1 visa, provided they prove your excellence and are presented with other robust evidence.
Read full answer →Do I need to notarize recommendation letters?
Recommendation letters for the EB-1 visa generally do not require notarization, but it is essential to follow official guidelines and consult experts to avoid problems.
Read full answer →I presided over an interministerial committee in my country. Does this count as a ‘leading or critical role’?
Presiding over an interministerial committee can be considered a leadership role for the EB-1 visa, provided there is proof of impact and solid documentation.
Read full answer →My award was given by an insignificant association. Should I omit it?
If an award is from a little-known association, maintain honesty and context, including it if it adds value to your professional trajectory.
Read full answer →I won a government award from my state. Is it ‘national’?
State awards are local; for the EB-1 visa, national or international awards have more relevance, although exceptional cases may be valued.
Read full answer →I was mentioned in Forbes online. Is it ‘major media coverage’?
Mention in Forbes online can be 'major media coverage' for the EB-1, depending on the context, depth, and independence of the coverage.
Read full answer →Is it allowed to be a CEO abroad and in the US without intervals, but without an L-1 visa?
It is possible to be a CEO abroad and in the US without an L-1 visa, as long as executive experience, organizational structure, and relationship between companies are proven according to the EB-1C visa.
Read full answer →Are internal awards from a large and globally recognized company valid?
Internal awards from large companies may be valid for the EB-1 visa if they demonstrate relevant recognition and are supported by solid evidence proving excellence.
Read full answer →Does proof that I sold handicrafts to foreign tourists count as ‘international recognition’?
Selling handicrafts to foreign tourists does not prove international recognition for the EB-1 visa; evidence of appreciation and validation by renowned experts is required.
Read full answer →What is a ‘petition letter’?
A petition letter is an essential explanatory letter in the EB-1 process that presents and connects the applicant's exceptional qualifications to the strict criteria of the US immigration authorities.
Read full answer →Interactions in lectures as an attendee do not count, right?
Participating as an attendee in lectures is not considered proof of extraordinary ability for the EB-1 visa, which requires active and proven contributions.
Read full answer →I won 2 regional awards, but nothing national. Which criterion can I fit into?
Regional awards can help with EB‑1, but national or international recognitions are ideal; evaluate criteria and complement with other evidence to strengthen your profile.
Read full answer →Can I mention that my startup was listed in TechCrunch’s top 10? Is that ‘media coverage’?
Being listed among TechCrunch's top 10 can be relevant 'media coverage' for the EB-1 visa, provided there is adequate documentation and independent coverage.
Read full answer →In the USA, which magazines are considered ‘major trade publications’ for engineers?
Major trade publications for engineers in the USA are influential magazines that demonstrate achievements for EB-1 visa processes, such as IEEE Spectrum, ENR, and Modern Machine Shop.
Read full answer →My position was senior developer. I managed 6 devs. Is it managerial?
For the EB-1 visa, managing 6 developers can be characterized as a managerial role, provided leadership and strategic responsibilities are proven.
Read full answer →Is it possible to cite official posters or brochures with my name prominently featured?
Official posters or brochures featuring your name prominently can be valuable for the EB-1 visa, provided they are authentic, reliable, and directly related to your professional excellence.
Read full answer →Is there a USCIS phone number to check status?
USCIS provides telephone service at 1-800-375-5283 to check the status of immigration processes, always ensuring security and consultation of official sources.
Read full answer →Can I send Spotify statistics if I am a musician?
Spotify statistics can strengthen your EB‑1 process by proving musical reach and relevance, provided they are integrated with other solid evidence and expert guidance.
Read full answer →Can I use bootcamp or workshop as an award?
Bootcamps and workshops are not recognized as formal awards for the EB-1 visa, which requires robust evidence of national or international recognition.
Read full answer →Does USCIS address ‘substantial evidence’? How much is ‘substantial’?
Substantial evidence at USCIS is the quality and relevance of proofs that demonstrate eligibility, not the quantity, requiring individual analysis and documentary consistency.
Read full answer →Quotation in Ebony/Essence if I am an Afro-descendant artist. Is it major?
Quotations in Ebony or Essence reinforce the credibility of Afro-descendant artists applying for EB-1, but are only part of a broad set of evidence required by USCIS.
Read full answer →I am a dancer, but without awards. I only have media recognition. Is that enough?
Media recognition is positive, but for the EB-1 visa dancers must present robust evidence such as awards, events, and recommendations.
Read full answer →I want to use client testimonials that showcase my unique ability. Is that good?
Client testimonials are valuable to demonstrate your ability, as long as they are authentic and complemented by other evidence, respecting the legal rules of the US immigration process.
Read full answer →How is the ‘final merits determination’ made?
The final merits determination is a detailed USCIS review to verify if the EB-1 visa applicant rigorously meets the required legal criteria.
Read full answer →How to explain that my award is not famous but highly selective in my field?
Technical or academic awards may not be popular, but their rigor and recognition among specialists prove their professional value and relevance.
Read full answer →I have more than 50 letters praising my music. Is it good to send them all?
Select detailed and relevant recommendation letters for the EB-1 visa, prioritizing quality and impact, ensuring a solid application aligned with immigration rules.
Read full answer →Does having my work cited in official U.S. government guidelines help?
Having your work cited in official U.S. government guidelines can be a relevant advantage for the EB-1 visa, but it is essential to present a complete portfolio demonstrating professional excellence.
Read full answer →The law mentions ‘small percentage who have risen to the top’. How can this percentage be measured?
The expression 'small percentage' in the EB-1 visa indicates that only professionals with exceptional achievements and international recognitions meet the criteria, without a defined exact number.
Read full answer →I was a blogger and reviewed guest articles. Is it judge?
Judging articles for EB-1 visas requires a formal role and recognition; casual evaluations may not be considered, making reliable documentary evidence essential.
Read full answer →Some student awards have become national awards over time. Shall I explain?
Student awards that evolve into national recognition reflect institutional development and are valuable in immigration processes, but require attention to current legal regulations.
Read full answer →Is editing a Q1 scientific journal considered judge?
Acting as an editor in a Q1 scientific journal may demonstrate your judgment capability for the EB-1 visa but does not guarantee automatic approval, requiring detailed documentation analysis.
Read full answer →