Permanent Residency Through Employment
Our firm regularly prepares and submits applications for an EB-1(b) immigrant visa on behalf of our well-qualified clients. The USCIS does not automatically grant these petitions so the proper preparation of all the relevant information is crucial. A world-famous and internationally-acclaimed applicant is one thing but most petitioners need the guidance of experienced immigration lawyers.
Should I Pursue an EB-1(b) Visa?
An EB-1(b) immigrant visa entitles the holder to permanently work and reside in the United States. This is also known as an employment based immigrant visa.
The government refers to the EB-1(b) as one of the five employment-based immigrant visa preferences or categories. There is no labor certification required of the sponsoring employer.
If you are an outstanding professor or researcher, you may qualify for the EB-1(b) immigrant visa which is an employment-based, first-preference visa.
The government issues approximately 140,000 total immigrant visas each year.
Do I need an offer of employment for an EB-1(b) Visa?
Yes, in order to obtain an EB-1B visa you must have an offer of employment in the United States. Your future employer must also show documented accomplishments and proof that it employs at least 3 full-time researchers. There is no labor certification required.
How do I prove that I am an outstanding professor or researcher?
You have to meet 2 of the 6 listed requirements below:
- Major prize or award for outstanding achievement;
- Membership in association that demonstrates outstanding achievement;
- Subject of professional publications describing applicant’s expertise;
- Panel participation that judges work of others in the same or related academic discipline;
- Original research work accepted in field of expertise;
- Published work of a significant nature with international recognition.
How Do I Apply for an EB-1(b) Visa?
The sponsoring employer in the United States files a Form I-140, Petition for Alien Worker. Your employer must prove that it can pay the offered wages. This is shown by offering either an annual report, a federal income tax return or through an audited financial statement.
Will my family also gain admission to the United States?
If you obtain an EB-1(b) visa, then your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States with an E-14 or E-15.
Regardless of your immigration concern, you can count on our experience and dedication.
Mitchell & Serrano provides expert immigration advice and total dedication to our clients. For example, the firm represents many seeking an EB-1 visa, an L visa and an EB-2 for business start-ups. We are closely monitoring President Biden’s immigration reform plan and provide frequent updates on this website.
Our immigration law firm provides representation for companies abroad and here at home seeking immigrant visas. If you are a an employer we can also ensure that the appropriate applications are submitted at a consulate office or U.S. embassy. Contact us to schedule a consultation if you need advice on the transfer of valuable employees to the United States.
- E-1 Treaty Trader
- E-2 Treaty Investor
- E-3 Specialty Occupation
- H-1B Specialty Occupations
- H-2A Temporary Agricultural
- H-2B Temporary Non-Agricultural
- H-3 Trainee
- I Visa Foreign Media
- L-1A Intracompany Transferee
- L-1B Intracompany Transferee
- O-1 Extraordinary Ability
- P-1A Athletic Performance
- P-1B Entertainment
- P-2 Reciprocal Exchange Program
- P-3 Artist Visa
- Q Cultural Exchange
- R-1 Religious Workers
- TN NAFTA Professional
- EB-1A Extraordinary Ability
- EB-1B Outstanding Professor
- EB-1C Multinational Manager or Executive
- EB-2 National Interest Waiver
- EB-3 Visas
- EB-4 Special Immigrants
- EB-5 Investor Visa