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For EB-1C, can I be a branch manager abroad in another way?
For EB-1C, experience as a branch manager abroad must involve high responsibility and proven strategic management, according to USCIS criteria.
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 have submitted 2 redundant sets of evidence in EB-1A?
In EB-1A, avoid submitting redundant evidence; prioritize quality, organization, and diversification to strengthen your petition according to official guidelines.
Read full answer →Does the EB-1A have any diploma revalidation step?
The EB-1A focuses on extraordinary abilities and achievements, not requiring diploma revalidation for visa approval.
Read full answer →My stand-up comedy performances were in national theaters. Does this qualify for EB-1A?
For EB-1A, shows in national theaters are a good start, but it is essential to gather robust proof of exceptional recognition and meet US legal requirements.
Read full answer →EB-1B needs 2 criteria, but also ‘outstanding professor/researcher’ at the end merits?
The EB-1B visa requires documented proof of academic excellence according to at least two official criteria, without adding an extra 'outstanding professor/researcher' criterion.
Read full answer →My foreign company has reduced operations. Can I still apply for EB-1C?
The reduction of foreign operations does not automatically cancel the right to EB-1C, but the evaluation considers the structure and continuity of the relationship with the American company.
Read full answer →Does USCIS prioritize EB-1A petitions from artists over researchers?
USCIS evaluates EB-1A petitions from artists and researchers equally, considering evidence of extraordinary achievements, with no preference for any specific field.
Read full answer →I worked abroad for 2 years as a manager, but that was 4 years ago. Now I have been in the US for 3 years. Does EB-1C apply?
For the EB-1C, managerial experience must be recent, within the last 3 years at most; older experience may not be accepted, and specialized analysis is recommended.
Read full answer →Is the EB-1 subject to Dynamic Priority Date?
The EB-1 visa is generally not subject to Dynamic Priority Date and is usually immediately available, but it is essential to monitor updates and consult specialized professionals.
Read full answer →If my foreign company has ceased operations, can I still apply for EB-1C?
The closure of the foreign company may complicate the EB-1C process, but detailed analysis and specialized guidance are essential to verify visa viability.
Read full answer →In the EB-1B, if the institution does not have 3 full-time researchers but is large in teaching, does it qualify?
Large teaching institutions may be eligible for EB-1B if they prove a strong history and support in research, even without three full-time researchers.
Read full answer →I am a chess player with a high ranking (Elo 2600). Does this qualify me for the EB-1A?
Elo 2600 ranking strengthens your profile for EB-1A, but it is essential to gather comprehensive evidence and recognitions that prove your extraordinary ability.
Read full answer →In the EB-1C visa, the American company pays me the same as a senior staff. Is that consistent?
Compensation as 'senior staff' can be consistent with the EB-1C visa, provided that executive or managerial functions are clearly demonstrated and proven.
Read full answer →In EB-1C, can I supervise freelancers or contractors?
In EB-1C, supervision of freelancers may not satisfy criteria; proven leadership in a formal structure is required according to U.S. immigration rules.
Read full answer →Does USCIS offer an official EB-1A checklist?
USCIS does not offer an official checklist for EB-1A; guidelines are general and each case is evaluated individually based on robust evidence and legal criteria.
Read full answer →EB-1C requires the US company to exist for how long?
The EB-1C does not require a minimum time of existence for the US company, but requires a qualified relationship and proof of active operation of both the American and foreign companies.
Read full answer →Does the EB-1 give me a green card directly?
The EB-1 visa enables direct green card access for extraordinary professionals, but approval depends on individual analysis by immigration authorities and strict criteria.
Read full answer →How many times can I renew my EAD if the EB-1 queue retrogresses?
You can renew your EAD multiple times during the EB-1 queue retrogression, as long as you keep the process valid, meet the requirements, and follow USCIS rules.
Read full answer →How is the ‘final merits determination’ for EB-1B?
The final merits determination of the EB-1B thoroughly assesses whether the candidate demonstrates excellence and international recognition as an outstanding professor or researcher.
Read full answer →What is Premium Processing for EB-1?
Premium Processing speeds up EB-1 petition processing, guaranteeing a response within 15 days for a fee, without changing visa requirements or criteria.
Read full answer →Can I skip the H-1B visa and go straight to EB-1?
It is not possible to simply skip the H-1B visa for the EB-1: the EB-1 requires extraordinary achievements and strict compliance with U.S. immigration laws.
Read full answer →EB-1A waives the employer requirement, but if I have a job offer, does it help in the final merits?
The EB-1A does not require a job offer, but having one can strengthen your petition by showing additional recognition in your field, complementing other essential evidence.
Read full answer →Is it possible for each EB-1A criterion to come from the same source?
Each EB-1A criterion must be supported by diversified evidence, ensuring robustness and credibility in the US immigration process.
Read full answer →What is the Priority Date for the EB-1?
The Priority Date in EB-1 is the date the petition is received by USCIS, central to processing, generally without delay, but requires rigorous monitoring of regulations.
Read full answer →I have seen accountants and lawyers applying for EB-1A. Is this common?
The EB-1A is accessible to various professions that can prove excellence and recognition; accountants and lawyers may apply, provided they demonstrate exceptional achievements and solid evidence.
Read full answer →EB-1A also requires the part about ‘continuing in the field’?
The EB-1A requires evidence of continuity in the field of excellence, even without a contract, with clear documents and plans to contribute in the US.
Read full answer →I have used the O-1 visa before, but I changed fields. Does this affect the EB-1A?
Changing fields does not prevent EB-1A application, as long as you demonstrate extraordinary abilities and solid evidence in the new field.
Read full answer →Is EB-1C only for large corporations or does it also work for start-ups?
The EB-1C visa serves large corporations and start-ups that prove international relationship and verified managerial work, always respecting strict laws and criteria.
Read full answer →Can there be an interview waiver on the I-485 for EB-1?
The interview waiver on the I-485 for EB-1 is possible but not automatic; it depends on the individual analysis done by USCIS and the compliance of the documents submitted.
Read full answer →EB-1B requires at least 2 of 6 criteria, but what if I only have 1 and it is very strong?
The EB-1B requires proof of at least two legal criteria, and even an exceptional criterion does not replace this formal requirement established for researchers and professors.
Read full answer →How long after receiving the green card can I change employers under the EB-1B category?
After receiving the EB-1B green card, the permanent resident may change employers immediately but should act cautiously to ensure legal compliance and transparency.
Read full answer →For EB-1B, 3 years of teaching + reviewer + 2 university awards. Is it ok?
With three years of teaching, reviewer experience, and two university awards, the EB-1B is promising if there is international recognition and solid documentation.
Read full answer →What is FOIA in the context of EB-1?
FOIA allows access to immigration documents in the context of EB-1, ensuring transparency and confidence in the process, as long as it is used cautiously and following legal regulations.
Read full answer →EB-1B, 2 of 6 criteria, but what are these 6?
The EB-1B visa requires professors and researchers to meet two of six strict criteria that prove excellence and international impact in their field.
Read full answer →I heard that I can apply for EB-1C after 1 year on L-1A in the US. Is that correct?
Applying for EB-1C requires proof of managerial experience for at least one year within the last three years, including work abroad; time on L-1A alone does not guarantee immediate eligibility.
Read full answer →How do I get the Hague Apostille for documents for EB-1?
Apostilling documents for EB-1 means certifying their authenticity for use in the USA, following official authorities and respecting regulations to avoid complications and fraud.
Read full answer →If I am an artivist (activist through art), can I qualify for the EB-1A?
Artivists can apply for the EB-1A but must demonstrate impact, recognition, and exceptional contributions in art, strictly following U.S. immigration laws.
Read full answer →Does the EB-1A eliminate the need for immediate employment in the US?
The EB-1A visa does not require an immediate job offer but requires proof of extraordinary abilities and intent to work in the field in the US.
Read full answer →For EB-1B, I have 5 Q2 articles and 2 Q1 articles. Median citations. Risk?
Publications in Q1 and Q2 journals with median citations are positive for EB-1B, but success depends on a combination of factors and well-organized documentation.
Read full answer →Is it necessary to prove original contributions for EB-1A?
Original contributions are an important differential for EB-1A but not mandatory; cases are individually evaluated based on various evidence.
Read full answer →EB-1C: can I be on L-1B for a few years and then change to L-1A and apply for EB-1C?
EB-1C is for executives and managers in leadership roles in the U.S.; transferring from L-1B to L-1A is possible if management and experience criteria are met.
Read full answer →In the EB-1B, I cite awards I received as a researcher. Am I missing another criterion?
Awards are important for the EB-1B, but it is essential to present at least one more criterion, such as publications or relevant contributions, to prove continuous excellence.
Read full answer →Can I send a YouTube link with my works for EB-1A?
YouTube links can complement your EB-1A portfolio, provided they are accompanied by clear, organized, and validated evidence according to USCIS rules.
Read full answer →Does EB-1B require a completed PhD?
The EB-1B visa values international recognition and proven experience, not necessarily requiring a PhD, as long as there is solid evidence of distinction in the field.
Read full answer →If I became the majority partner of a company abroad 2 months ago but have not actually been active, does it count for EB-1C?
Being a recent partner without acting as a manager does not qualify for the EB-1C visa; proven managerial experience of at least one year is indispensable.
Read full answer →How long after obtaining the EB-1 can I naturalize?
After obtaining the EB-1 and the green card, the minimum period to apply for U.S. citizenship is 5 years, with additional criteria for residency and good moral character.
Read full answer →My position abroad was ‘co-manager’. Can I apply for EB-1C?
The position of 'co-manager' may qualify for EB-1C, provided that your functions demonstrate clear managerial autonomy and responsibility, assessed on a case-by-case basis.
Read full answer →Does the EB-1B require me to have publications in high-impact indexed journals?
It is not mandatory to have publications in high-impact journals for the EB-1B, but diverse evidence of academic recognition is essential.
Read full answer →Does the EB-1C allow me to have my spouse and children on the green card as well?
EB-1C allows executives to include spouse and minor children as dependents on the green card, provided requirements are met and official rules are followed.
Read full answer →Is Premium Processing available for EB-1C?
Premium Processing is available for the EB-1C visa, speeding up the review of Form I-140, but it is essential to consult official sources and strictly follow immigration laws.
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