Fifth Preference (EB-5) Immigration Attorneys

First Preference (EB-1)

There are different types of works visas one can petition for when trying to go to work inside the United States. As with most employment visas, priority dates, and quotas on visas available matter. An EB-1 visa is one of the most potent visas available when it comes to employment visas since they provide a less complicated path towards obtaining a green card.

According to the Department of State, the number of employment-based first preference visas given out in 2018 was 3,854. In spite of its strict requirements, the first preference visa is the second-highest type of visa handed out in the employment-based category.

If you think you can qualify for the EB-1 visa, then you should speak to your potential employer, or come in for a consultation yourself. The best thing is to hire an immigration lawyer to file a first preference EB-1 visa, so you get everything right the first time.

The Gonzalez Law Group is an immigration law firm that is experienced with filing employment visas. EB-1 is an exceptional visa that provides a path towards permanent residency for individuals. Our firm especially understands clients maneuvering through the immigration process, and we always do all we can to achieve great results.

Contact us at (832) 530-4070 for a free consultation with no strings attached. We work with clients all over Harris County, Galveston County, Fort Bend County, Montgomery County, Waller County, Chambers County, and many more.

Overview of First Preference EB-1

What is First Preference EB-1 Visa?

As stated by the U.S Citizenship and Immigration Services (USCIS), you can qualify for an EB-1 visa if you possess “an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.” Based on these three descriptions, the EB-1 visa can is further specified as an EB-1A, EB-1B, or EB1-C, respectively.

If you qualify for any of the EB-1 visas, your family can also be eligible to come into the United States with you. EB-1 visas are unique in that their current label as an immigrant visa provides a direct path towards obtaining permanent residency inside the United States. Since an EB-1 visa has stricter qualifications for approval, once you are approved, you are more likely to receive your green card sooner than other employment visas, considering visas are available at the time of filing. This is the reason why it’s so important to file with an immigration lawyer for EB-1 because if you meet specific requirements, you can be eligible to file for a permanent residency application.

Categories of EB-1 Visa

To qualify for EB-1, you have to meet one of the three types of EB-1 visas.

The first is the EB-1A visa, which is designated for individuals with an extraordinary ability in the field of science, education, athletics, business, or arts. To meet this visa eligibility, you have to present proof of appraisal for this ability. The following examples are proofs of appraisal documentation you can provide (you must provide at least three, unless you have one highly recognizable award such as a Pulitzer price or some other award of the same caliber.

  • Have received a distinguished national or international excellence award for the extraordinary ability for which you mention in your application. The documentation can be in the form of a letter written by the committee giving the award
  • Are an active member of an association relating to your outstanding ability, while the association requires a high level of performance from its members
  • Publishing of your professional achievements in a highly regarded publication or major media outlet
  • You have judged others’ work by yourself or as part of a panel
  • Proof of groundbreaking contribution to the field which you represent
  • You have written educational material in a highly regarded publication or another major media outlet
  • Your work has been part of an art exhibition or major display
  • Leadership role or significant role in an organization
  • You get paid at a much higher level than others in the same field
  • Commercial success in performing arts

An EB-1B visa is another way to qualify for an EB-1 visa. The EB-1B visa is designated for individuals who hold the title of a professor or researcher with outstanding acclaim. The following documentation can suffice as proof of this requirement (you will need to provide at least two proofs of documentation for this one):

  • Grand prizes/awards for critically acclaimed achievement
  • Are an active member of an association that requires a high level of performance from its members
  • Publishing of your professional achievements in a highly regarded publication or major media outlet
  • Published material of your professional work written by someone else
  • Judging of other’s work related to your field either by yourself or as a part of a panel
  • Authentic scientifically or scholarly research contributions to the field
  • proof of written articles or books distributed intentionally in the field
  • The third type of EB-1 visa is the EB-1C or meeting the requirements designated for a multinational manager or executive. To apply for an EB-1C, you need to meet the following requirements:
  • Must have been employed for at least one year out of the three previous years before petitioning by a firm or corporation whom you plan to continue working for upon entering the United States. The title of employment with that company must be of manager or executive. The company you worked for must have also been the same company you plan to work for once entering the United States or one of its affiliate companies or subsidiaries.

First Preference EB-1 Process

The process for first preference EB-1 can be complicated, so it’s best advised that you hire an immigration attorney for first preference EB-1 to get started. The official form for applying for an EB-1 visa is known as an I-140 Petition for Alien Worker, the difference between the three types of categorizations of EB-1 when filing comes down to the person doing the sponsoring and the documentation necessary for each one.

As stated above, that documentation is necessary to justify you applying for that visa in the first place. When filing for extraordinary ability, this is the only type of EB-1 classification that doesn’t require a job offer or employer sponsorship; however, the three out of the ten requirements must still be met. For the following two types of EB-1 visas (EB-1B or EB-1C) or outstanding professor or researcher or multinational executive or manager, you need a job offer and sponsorship from the employer offering you the job inside the United States. The EB-1 visa process tends to work faster than other employment-based visas since it doesn’t require additional paperwork like a labor certification required in other employment visa applications. The timeliness of the visa and its long-term benefits is why the EB-1 visa is so great and why it demands the detail of an immigration attorney for first preference EB-1 for filing.

Attorney for First Preference EB-1 in Houston, TX

If you think you might qualify for an EB-1 visa or you’re planning to hire someone who does, contact the team of immigration attorneys at The Gonzalez Law Group. With the current immigration climate, it’s best to seek professional legal help when filing your immigration applications.

At The Gonzalez Law Group, we are very invested in the immigration system and want to help you figure it out. Come in for a consultation, and we can analyze your current immigration status to see if you or your potential employee is fit for an EB-1 visa. Call (832) 530-4070 for a free consultation or fill out one of our case review blank forms at the bottom.

We work with clients in Houston, Galveston, Pasadena, Katy, Spring, Cypress, Fresno, Kemah, Baytown, Bay City, Pearland, Friendswood, La Porte, League City, Seabrook, Aldine, Channelview, Clear Lake City, Lake Jackson, Richmond, Santa Fe, and more.

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