DC EB-1 Visa Attorney

Employment-based visas are reserved for persons of extraordinary abilities, researchers or professors, multinational executives, and managers, or athletes and artists. These people must fill out an application for an EB-1 visa to legally work in the United States.

If you are interested in legally entering the United States by virtue of your extraordinary ability, academic achievements, or business success, contact a DC EB-1 visa lawyer immediately. An experienced DC EB-1 visa attorneys understand the process you must undergo in order to file your application, and we can help you to do so quickly and correctly. Immigration attorneys approach each EB-1 visa with attention to detail and an understanding that each case is different and requires individualized attention.

About EB-1 Visas

The EB-1 Visa, under which the U.S. government allocates 28.6% of the 140,000 available employment immigration visas each year, is subdivided into three categories:

  1. Persons of extraordinary ability,
  2. Outstanding professors & researchers, and
  3. Multinational executives and managers.

There are specific eligibility requirements for these categories, and each subcategory demands rigorous documentation to prove an applicant’s eligibility to USCIS.

Applicants of Extraordinary Ability

Applicants in this category must prove that they have extraordinary ability in the arts, sciences, education, business or athletics which has been demonstrated by “sustained national or international acclaim” and whose achievements have been recognized through extensive documentation. The applicant must also prove that the purpose of their entry to the U.S. is to continue to work in their area of demonstrated extraordinary ability. Finally, these applicants must prove that granting them admission will “substantially benefit” the U.S. in the future.

Although the applicant must prove they intend to work in their field of extraordinary ability upon entry, it is not required for the applicant to have an actual position secured or a specific offer of employment in order to be granted an EB-1 visa.

Providing proof of the individual’s “extraordinariness” is the most difficult aspect of the EB-1 visa. The bar is high, and the visa is reserved only for a small percentage of individuals who are considered by peers to be at or among the top in their field. Demonstrating extraordinary ability is done through providing evidence of “sustained or international acclaim,” which could include the receipt of an internationally recognized award (like the Nobel Prize) or a combination of other achievements. These achievements include receipt of other nationally or internationally recognized prizes or awards, membership in elite groups or organizations, published material about the applicant in major media, election as a judge or panel of judges for competitions in the field, demonstration of major art installations or exhibits or shows featuring an artist’s work, participation in organizations or productions with internationally-respected cultural establishments, commercial success in the performing arts, or a high salary relative to others in the field.

USCIS’s decision on whether to award an EB-1 visa can be subjective and is based on the totality of the evidence submitted. Accordingly, it is important to work with a sophisticated and knowledgeable EB-1 Visa attorney in DC when preparing and submitting your EB-1 visa application.

Outstanding Professors and Researchers

Outstanding Professors and Researchers can also qualify for EB-1 visas, and the requirements for eligibility are slightly more straightforward than for those of extraordinary ability. To qualify, an applicant must be an internationally recognized member of the academic field in which they work and must have been teaching or researching in that specific subject area for at least 3 years. Extensive evidence that the professor/researcher is internationally recognized must be provided.

Further, the applicant must be entering the U.S. explicitly to continue working in a tenure (or tenure track) teaching or research position at an institution of higher learning. Unlike persons of extraordinary ability, EB-1 applicants applying under the professor/researcher category must have a position secured prior to admission.

Multinational Executives and Managers

EB-1 visas for Multinational Executives and Managers are available to individuals who have been employed abroad for one of the past three years by a firm or corporation that is active, conducting substantial business, and truly needs an executive or manager. The applicant must be employed in a managerial or executive capacity, and documentation must be submitted to prove that the employee’s position qualifies. If applying under the “manager” category, an applicant must show that he or she personally manages a component of the organization, and that in that capacity he/she is responsible for supervising the work of other professionals, hiring or firing personnel, and exercising discretion over company decisions and actions on a day-to-day basis.

Applicants for Executive EB-1 visas must show that they exercise a wide degree of control over the discretionary decision making of the organization, and are in charge of establishing organization-wide objectives and policies. Further, executives must be accountable to and supervised by only higher level executives, the board of directors, or stockholders.

DC EB-1 Visa Attorney

Llame hoy para hablar con un abogado de inmigración