Chicago EB-1 Visa Lawyer

Trusted Chicago EB-1 Visa Lawyers

The EB-1 visa is available to individuals with superior abilities who are seeking employment-based entrance to the U.S. If approved, applicants can be granted permanent residency and have the option of pursuing citizenship.

A SimVisa EB-1 visa lawyer can help with your visa petition by providing the necessary guidance and helping you present evidence that establishes your extraordinary ability.

What Is an EB-1 Visa, and Am I Eligible?

The EB-1 visa is one of several employment-based green cards available to foreign nationals who are seeking permanent residence in the U.S. It is one of the most sought-after employment-based options for securing a green card, as the overall wait time tends to be shorter than for other employment visas.

Also called a “first-preference visa,” the EB-1 offers a key benefit: Applicants are allowed to bypass the lengthy labor certification process.

In some cases, an applicant can receive an EB-1 visa without a job offer in the U.S. To qualify, the applicant must demonstrate sustained national or international acclaim within their field. This is a high bar to cross, and it requires significant documentation.

Other EB-1 visas are awarded to professors, researchers, and corporate executives who have been offered jobs in the U.S.

Is an EB-1 Visa the Same as the National Interest Waiver?

No, although they have similar grounds and goals.

The National Interest Waiver (NIW) is available to some foreign nationals applying for EB-2 visas. While most EB-2 visas require sponsorship from an employer, the NIW exception allows certain applicants to self-petition; that is, they can apply for the visa even if they don’t have an employer willing to sponsor them for work in the U.S.

The NIW is often granted to physicians, but other professionals may be eligible if they demonstrate exceptional ability.

Both the EB-1 and the NIW provide a path for highly skilled professionals to receive green cards. Often, the EB-1 visa has a shorter backlog, but the timeline may depend on multiple factors.

A SimVisa immigration lawyer can help determine which option is better for you — an EB-1 visa or an NIW green card visa.

Who Is Eligible for an EB-1 Visa?

EB-1 visas are very competitive, and many applicants are denied. To succeed, an applicant must prove that they are highly skilled and respected in their field.

There are three subcategories for the EB-1 visa. Only the first category, the EB-1A, is available for applicants without a job offer in the U.S.

EB-1A: Aliens of Extraordinary Ability

The EB-1A is available to individuals whose achievements in art, science, education, or business are a matter of national interest. No labor certification or job offer is required. Applicants must submit extensive evidence to prove they demonstrate exceptional ability.

Evidence of this exceptional ability might include:

• International or national awards
• Published materials about you and your work
• Membership in esteemed professional organizations
• Proof that your work has been displayed at well-regarded exhibitions or showcases
• Proof of your commercial success or your ability to command a high salary

Through this evidence, the USCIS is looking for indications that you and your work will offer substantial benefits to the U.S.

EB-1B: Outstanding Professors and Researchers

The EB-1B is available to academics with a high level of success in science, the arts, education, or another field.

Applicants must submit documents proving this exceptional ability as well as at least three years of teaching or research experience. Labor certification is not required, but applicants must be sponsored by a U.S. employer with employment pending upon approval.

EB-1C: Multinational Executives and Managers

The EB-1C is available to individuals who demonstrate extraordinary ability in the field of business. While the labor certification process is waived, the applicant must be sponsored by an employer.

Specifically, the employer must be a U.S.-based company affiliated with the foreign firm that has previously employed the applicant. In addition, the applicant must work in a managerial or executive position within the company.

Why Are EB-1 Visas So Popular?

Because obtaining a U.S. green card is a popular immigration goal, USCIS processes many more applications than it can approve. First-preference green cards have high standards and strict requirements, which means that only a small pool of applicants is eligible to apply.

The EB-1 visa is a first-preference green card. It is associated with:

• A higher likelihood of approval
• A faster processing timeline
• No labor certification requirement
• No need for a job offer or employer sponsorship under EB-1A

If you qualify for an EB-1 visa, it’s a highly recommended way of gaining a green card without years of waiting and a high risk of denial.

If you’re uncertain about which type of green card is right for you, an immigration lawyer can offer assistance by reviewing your professional background and recommending the visa category for which the USCIS is most likely to grant approval for a visa request.

EB-1 Green Card Application Process

The EB-1 application process differs slightly depending on which category you apply for.

Since the EB-1A subcategory (Aliens of Extraordinary Ability) does not require employee sponsorship, the process can be relatively fast. But if you are applying for the EB-1B or EB-1C subcategory, you must first receive a job offer from an employer who is willing to sponsor you.

Then, the following steps are the same for all EB-1 visas:

• Consult an immigration firm and prepare the proper documentation
• File form I-140, Immigrant Petition for Alien Workers
• File form I-485, Application to Register Permanent Residence or Adjust Status

You can file form I-140 and form I-485 at the same time, but you must be careful to keep the documents needed for each application separate.

An employment-based immigration lawyer at SimVisa can help you through each step of your application.

Adjustment of Status vs. Consular Processing

The finalization of your EB-1 green card process depends on whether you’re petitioning from within the U.S. or from another country. For U.S.-based petitioners, the final step is to complete and submit form I-485, Application to Register Permanent Residence.

Upon approval, you'll need to either complete form I-485, Application to Register Permanent Residence, or undergo the Adjustment of Status process. This is the green card application form that allows you to file as a permanent resident of the U.S.

If you completed the EB-1 petition from another country, you’ll need to go through Adjustment of Status through your nearest U.S. consulate. Of the two finalization options, Adjustment of Status tends to be faster, but the processing time can depend on the caseload of your nearest service center or consulate.

How Can SimVisa Help with an EB-1 Visa

SimVisa offers experienced legal guidance to foreign nationals as they progress through the U.S. immigration system.

We offer assistance and advice to help clients secure a visa, attain permanent resident status, and achieve other goals related to immigration to the U.S.

A SimVisa immigration lawyer can help by:

• Reviewing your immigration case
• Providing legal advice on the visa category that is best for you
• Collecting and presenting supporting documentation, including evidence of membership in professional or business organizations
• Helping you file your visa petition
• Communicating with USCIS and other offices on your behalf
• Updating you on your immigration status

Unlike large law firms with multiple practice areas and unclear fees, SimVisa is a legal service intended for one purpose: connecting clients to experienced immigration lawyers who stand as their advocates.