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How long does it take to get the green card after I-140 EB-1A approval?
The green card via EB-1A after I-140 approval takes on average 6 to 12 months, varying according to the case and official agencies' processes.
Read full answer →Frequently asked questions
Frequently asked questions about EB-1
Straight answers to the most common questions about the EB-1 visa.
As a fashion consultant, can I qualify for an EB-1A?
Fashion consultants can obtain the EB-1A visa if they prove extraordinary recognition with solid evidence, complying with the strict legal and documentary requirements.
Read full answer →Does EB-1C allow self-petition?
EB-1C requires the petition to be submitted by the employer; self-petitioning is not allowed, ensuring professional qualification and connection with the company.
Read full answer →For EB-1B, 2 out of 6 criteria are enough plus international reputation. What is the reputation?
The EB-1B visa requires robust evidence of international recognition, proving the candidate's global impact beyond meeting two of the six main criteria.
Read full answer →Second reference in EB-1A: ‘material published about you’? I have 2 different interviews, do they count as 2 pieces of evidence?
Two different interviews can be considered as distinct pieces of evidence for the EB-1A, as long as they are from independent and reliable sources, evidencing your expertise.
Read full answer →I exhibit artworks at national fairs. I lack awards. Do I qualify for the EB-1A?
Exhibiting artworks at national fairs can help, but awards and other achievements are essential to prove excellence and obtain the EB-1A visa in the artistic field.
Read full answer →No EB-1A, is there a waiver for backlog?
The EB-1A is a current category without significant backlog, waiving the need for a waiver and allowing an agile process for those demonstrating extraordinary ability.
Read full answer →For EB-1B, do I need to have renowned publications?
Renowned publications are not required for EB-1B, but they positively contribute by demonstrating the candidate's relevance and impact in their field of expertise.
Read full answer →Is there a retrogression of EB-1 for Brazilians?
Historically, EB-1 for Brazilians maintains "current" dates without significant retrogressions, but it is essential to follow official updates due to possible policy changes.
Read full answer →Does the EB-1C visa require the US company to have employees?
The EB-1C requires a solid company and active operation in the US, with a sufficient team to justify the executive transfer, although there is no mandatory minimum number.
Read full answer →A position of ‘vp of marketing’ and I supervise 15 people. EB-1C?
The EB-1C is for multinational executives in managerial positions who prove relevant experience and serve in high-level roles in the US, with attention to the position's structure and responsibilities.
Read full answer →In EB-1B, if the employer withdrew the petition, can I self-petition?
In EB-1B, the petition depends on the employer; if withdrawn, self-petitioning is not possible, although other EB-1 subcategories allow self-petitioning with distinct requirements.
Read full answer →I have 10 years of executive experience, but the company is not multinational. Is EB-1C possible?
EB-1C requires a multinational company with international operations; without this, eligibility may be unfeasible. Consult specialists to evaluate alternatives and avoid problems.
Read full answer →Have I previously held an O-1 visa, which facilitates EB-1A?
Having the O-1 visa is positive for the EB-1A, but it's necessary to prove continuous excellence and exceptional contributions to obtain permanent residency.
Read full answer →Can I eventually naturalize as a US citizen through the EB-1?
The EB-1 visa grants permanent residency in the US, but citizenship requires a separate process with specific requirements and a minimum residency period.
Read full answer →How to organize the EB-1B petition if I have 50 publications?
To organize your EB-1B petition with 50 publications, highlight quality, impact, and recommendations, strictly following U.S. immigration regulations.
Read full answer →My foreign company was sold, but I still manage the operation as a subcontractor. EB-1C?
The EB-1C requires executive leadership in a foreign company and a clear relationship with the U.S. branch; sale of the company may affect eligibility, requiring detailed analysis.
Read full answer →Can volunteer work be relevant in EB-1A?
Volunteer work can reinforce the excellence required for the EB-1A visa, provided it is aligned with the field and has significant impact, integrating robust evidence and respecting immigration laws.
Read full answer →Is there a statistics on the approval rate of EB-1A?
There is no official approval rate for the EB-1A visa; each case is evaluated individually and success depends on proving the candidate's extraordinary abilities.
Read full answer →Does Premium Processing guarantee approval for EB-1A?
Premium Processing speeds up the EB-1A review but does not guarantee approval; consult reliable sources and specialized professionals for a safe and informed process.
Read full answer →Is being part of the editorial board of a Q1 journal with an impact factor good for EB-1B?
Participating in editorial boards of Q1 journals is positive for EB-1B, but it is necessary to present a broad set of evidence and strictly follow immigration rules.
Read full answer →How will I know if my EB-1 case was forwarded to the consulate after the I-140 was approved?
After the I-140 approval, check official communications and monitor the process through USCIS channels to know if your EB-1 case has been forwarded to the consulate.
Read full answer →Can I cite how many recommendation letters for EB-1A?
In the EB-1A, the quality and relevance of recommendation letters outweigh the quantity, which should complement solid evidence of your extraordinary ability.
Read full answer →Does the EB-1C replace the L-1A?
EB-1C and L-1A are distinct visas: L-1A for temporary transfer, EB-1C for permanent residence, with no direct replacement between them.
Read full answer →Many EB-1A cases use 300 to 500 pages? I only have 100. Is that bad?
The quality of evidence in the EB-1A petition is more important than the number of pages; 100 well-founded pages can ensure a solid case.
Read full answer →In the EB-1B, I published 2 textbooks. Does that count?
Publishing textbooks can help with the EB-1B, but academic recognition and impact are essential to strengthen the application.
Read full answer →I am a software engineer. Does the EB-1A require awards like the Turing Award?
The EB-1A recognizes excellence in software engineering without requiring renowned awards, accepting diverse evidence of significant contributions in the field.
Read full answer →Can I skip EB-2 and go straight to EB-1 without a master’s/PhD?
It is possible to apply for EB-1A without a master's degree, provided you prove extraordinary achievements, but each case requires detailed evaluation and expert guidance.
Read full answer →Can I attach my bachelor’s degree if I am applying for EB-1A in sports?
The bachelor's degree can be attached to the EB-1A application in sports, but the main focus is to prove extraordinary abilities through consistent evidence and relevant recognition.
Read full answer →Does a ‘C-Level’ position always qualify for EB-1C?
C-Level' position does not guarantee EB-1C; it is necessary to prove leadership, international managerial experience, and meet specific legal requirements for qualification.
Read full answer →In the EB-1B, how many internal and external reference letters are required?
For the EB-1B, it is generally recommended to have two internal letters and three to five external letters, prioritizing quality and credibility to prove international academic recognition.
Read full answer →I have 30 employees under my supervision. Strong EB-1C, right?
The EB-1C requires more than 30 employees under your supervision; it assesses responsibility, experience, and the connection between companies for secure qualification.
Read full answer →My awards were for my company, not personal. Can I claim EB-1A?
Awards attributed to the company do not prove personal skills for EB-1A; it is essential to show individual achievements recognized in the field.
Read full answer →EB-1B: If I have 2 years of postdoctoral experience and 1 year of teaching during my PhD, does it count as 3?
Experience during the doctorate may be considered training, not full-time professional experience, affecting the validation of the 3 years required for EB-1B.
Read full answer →What is an ‘RFE’ in the EB-1 process?
RFE in the EB-1 process is a USCIS request for extra evidence to prove qualifications, requiring attention, organization, and deadline compliance to strengthen the application.
Read full answer →Is it possible to change status from F-1 directly to EB-1?
Changing status from F-1 to EB-1 is possible but requires rigorous proof of exceptional achievements and specialized guidance to ensure legal compliance.
Read full answer →Two joint patents and 5 Q2 publications. EB-1B?
The EB-1B requires robust academic achievements, considering patents, Q2 publications, and complementary evidence to demonstrate recognition and leadership in the field.
Read full answer →Letters from clients endorsing my work. Can they be used for EB-1A?
Client letters can be useful for EB-1A if they are part of a robust set of evidence demonstrating proven impact and professional excellence.
Read full answer →How is the EB-1 adjustment of status interview?
The EB-1 adjustment of status interview is essential to confirm eligibility, requiring preparation with documents and evidence that prove extraordinary abilities.
Read full answer →For EB-1C, can I be a sales manager abroad and go as a sales manager in the USA?
The EB-1C visa allows transfers to managerial positions in the US, provided experience and responsibilities compatible with a multinational company are proven.
Read full answer →I applied for EB-1A and received a NOID right away. Is this common?
Receiving a NOID in the EB-1A process is common and does not mean denial. It is an opportunity to clarify doubts and strengthen your application with a well-founded response.
Read full answer →No EB-1A, posso trocar de estado após green card?
After obtaining the green card through EB-1A, you can freely move between states in the US, maintaining your permanent resident rights without geographic restrictions.
Read full answer →My foreign company put me on leave without pay last year. What about EB-1C?
In the EB-1C visa, continuity of the managerial role and the business link are crucial; unpaid leave can affect your eligibility. Seek specialized guidance.
Read full answer →Did I hold a ‘Senior Manager’ position for 1 year, but part-time? Does it count for EB-1C?
Part-time experience as a Senior Manager generally does not satisfy the one-year full-time requirement for EB-1C; detailed evaluation and specialized consultation are essential.
Read full answer →I learned that 8 CFR 204.5(g) talks about Ability to Pay. Does it apply to EB-1A self-petition?
The EB-1A allows self-petitioning without a job offer, not requiring employer's financial proof, unlike 8 CFR 204.5(g) which applies to other categories.
Read full answer →For EB-1B, can I hold a position in an IT consulting company focused on research and development?
Qualification for EB-1B depends on the nature of the position; roles involving continuous research and scientific impact are eligible, purely consultative positions may not meet the criteria.
Read full answer →I am a senior researcher, but I have not supervised students. Does EB-1B require teaching?
The EB-1B requires three years of experience in teaching or research; international recognition and relevant contributions can compensate for the lack of formal teaching.
Read full answer →Is there case law or a case that defines how many citations are needed for EB-1?
There is no fixed number of citations for EB-1; the evaluation considers the quality and overall set of evidence presented, with a holistic review by immigration authorities.
Read full answer →If I don’t have awards but have strong evidence of original contributions and publications, can I qualify for EB-1A?
Even without awards, consistent evidence of original contributions and publications can qualify for EB-1A, provided they demonstrate impact and recognition in the field.
Read full answer →Pastry chef who publishes in culinary magazines and has won 1 award. EB-1A?
The EB-1A visa requires international recognition and strong evidence of exceptional abilities, with a single award or publication generally insufficient for approval.
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