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New York City Business Immigration Lawyer / New York City EB-1 Skilled Worker Green Card Lawyer

New York City EB-1 Skilled Worker Green Card Lawyer

Are you a professional with extraordinary abilities, an acclaimed academic, or a multinational executive? The EB-1 Green Card might be the perfect route for you to obtain permanent residency in the United States. This prestigious immigrant visa category is designed for individuals who have demonstrated exceptional skills and achievements in their field. Learn more about the EB-1 Green Card and how it can pave the way for your future in the U.S., contact our experienced New York City EB-1 Green Card lawyer today.

What is an EB-1 Green Card?

The EB-1 Green Card is a U.S. immigrant visa category that allows foreign nationals with extraordinary abilities, outstanding professors or researchers, and certain multinational executives and managers to obtain a green card. The EB-1 visa is one of the most desirable categories as it typically does not require labor certification, and the wait times are generally shorter compared to other employment-based green card categories.

Who Qualifies for an EB-1 Green Card?

The EB-1 category is divided into three subcategories:

  1. EB-1A: Individuals with Extraordinary Ability
    • This subcategory is for individuals who have demonstrated extraordinary ability in fields such as the arts, sciences, education, business, or athletics. Applicants must provide evidence of sustained national or international acclaim and must be recognized in their field through extensive documentation. Importantly, no job offer is required for this category.
  2. EB-1B: Outstanding Professors and Researchers
    • This subcategory is tailored for those who have achieved international recognition for their outstanding academic work in a particular field. To qualify, you must have at least three years of experience in teaching or research and be pursuing a tenure-track or comparable research position at a university or other higher education institution.
  3. EB-1C: Multinational Executives and Managers
    • This subcategory is for executives and managers who have been employed by a foreign affiliate, parent, subsidiary, or branch of a U.S. company for at least one year in the past three years. The petitioning U.S. employer must demonstrate that the individual will be working in a managerial or executive capacity.

Benefits of the EB-1 Green Card

  • No Labor Certification Required: Unlike many other employment-based green card categories, the EB-1 does not require labor certification, which can significantly shorten the processing time.
  • Premium Processing Available: Eligible applicants can take advantage of premium processing to expedite the application process.
  • Direct Path to Permanent Residency: The EB-1 visa offers a direct route to a green card, allowing successful applicants and their families to live and work permanently in the U.S.
  • No Job Offer Required (EB-1A): Applicants with extraordinary ability can self-petition, meaning they do not need a job offer or employer sponsorship.

How to Apply for an EB-1 Green Card

The application process for an EB-1 Green Card involves several steps:

  1. Prepare Your Documentation:
    • Collect and organize all necessary documentation to prove your eligibility under one of the EB-1 subcategories. This may include awards, publications, media coverage, employment contracts, or letters of recommendation.
  2. File Form I-140:
    • The U.S. employer (or the applicant in the case of EB-1A) must file Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). This petition must include all supporting evidence demonstrating the applicant’s qualifications.
  3. Adjustment of Status or Consular Processing:
    • If the applicant is already in the U.S. under a different visa category, they may file for Adjustment of Status (Form I-485) after the I-140 is approved. If the applicant is outside the U.S., they must go through consular processing at a U.S. embassy or consulate in their home country.
  4. Attend Interviews and Await Approval:
    • Depending on the specifics of your case, you may be required to attend an interview. Once all requirements are met and approvals are granted, you will receive your green card.
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