EB-1 Visa

Trusted Chicago EB-1 Visa Lawyers

The EB-1 visa is an ideal option for individuals with superior abilities seeking employment-based entrance to the U.S. Upon approval, the applicant is granted permanent residency and the option of pursuing citizenship. A SimVisa EB-1 visa lawyer can help with your visa petition.

EB-1 Visa Support for Clients Across the U.S.

SimVisa is a national legal service offered by Atom Law Group, a Chicago-based immigration law firm. SimVisa focuses on supporting clients with immigration filings and green card acquisition. Every SimVisa EB-1 green card attorney has extensive experience helping clients achieve permanent residency in the U.S.

What Is an EB-1 Visa and Who Is Eligible? 

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

A key benefit of the first preference (EB-1) green card is that some applicants are allowed to bypass the lengthy labor certification process. Similar to the National Interest Waiver (NIW), some EB-1 applicants are not required to have a pending job offer and can self-petition instead. 

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

Aliens of Extraordinary Ability

EB-1A, Aliens of Extraordinary Ability, 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 the required information to prove extraordinary ability.

Outstanding Professors and Researchers

EB-1B, Outstanding Professors, and Researchers are available to individuals with a high level of success in science, the arts, education, or another academic department. Applicants must submit documents proving extraordinary 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.

Multinational Executives and Managers

EB-1C, Multinational Executives and Managers, is available to an individual demonstrating extraordinary ability in the field of business. The labor certification process is waived, although EB-1C requires applicants to achieve sponsorship by an employer. An EB-1 visa lawyer can help determine whether an individual’s business background qualifies for this type of employment-based visa.

Why Are EB-1 Visas a Popular Option?

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, but the basic steps are the same for all applicants. These steps include:

• Achieving a job offer by an employer who is willing to sponsor your visa (if required for your category)
• Consulting an immigration firm and preparing the proper documentation
• Filing form I-140, Immigrant Petition for Alien Workers
• Filing form I-485, Application to Register Permanent Residence or Adjust Status

For individuals filing EB-1A, Aliens of Extraordinary Ability, the process is faster, as the employer sponsorship is waived for this category. After consulting with an EB-1 lawyer and preparing documentation, an individual can self-petition the USCIS using form I-140. If the visa request is approved, the applicant can move ahead with registration or status adjustment.

For those filing either EB-1B or EB-1C, the process can take longer, but it still tends to be much faster than other types of employment visas. Upon making a job offer, an employer will need to file form I-140 on behalf of the applicant. When the applicant receives approval, they can take the final step of either adjustment of status or registration of permanent residence.

EB-1 Processing Time

Many factors impact visa processing time. Although an EB-1 takes less time than other types of employment visas, it can be hard to predict an exact timeline. Some of the key factors most likely to delay an EB-1 visa petition include:

• Duration of the job-seeking process
• Number of petitions being processed by that service center
• Complexity of your EB-1 category and amount of documentation to be reviewed
• Your priority date and the chance of priority date retrogression
• Whether you are in the U.S. or petitioning from another country

Finding an employer willing to extend a job and sponsor your visa can make the process take longer. Once your petition (form I-140) is approved, you can move forward to the next step on or after your priority date. 

It’s important to move forward quickly or you risk priority date retrogression. When the USCIS does not have enough available green cards, your priority date can be pushed to further in the future.

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 county. 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 is a legal service offered to clients needing assistance navigating U.S. immigration law to 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 preference that is best for you
• Helping present supporting documentation
• Helping file your visa petition
• Communicating with USCIS and other offices on your behalf
• Updating you on your immigration status

Unlike a large law firm with many practice areas, unclear fees, and clients who need support with a variety of legal matters, SimVisa is a legal service intended for one purpose alone: connecting clients to experienced immigration lawyers who can achieve a successful visa petition.

What Is the Cost of an EB-1 Visa?

The EB-1 visa petition process comes with several fees. These are due at different stages and can vary based on an applicant’s country, EB-1 visa category, and family size. Expected EB-1 filing fees include:

• $700 to file form I-140 (can be covered by employer)
• $1,140 to file form I-485 (fee waived for those with refugee status)
• $85 biometrics fee (waived for those under 14 and over 79 years)

Applicants should also include attorney fees when planning for the EB-1 visa application process. The price of an attorney is worth the security of likely approval. If your petition is denied, you risk losing the money spent on USCIS fees.