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EB-1 Visa

EB-1 Visa Attorneys in Columbus, OH

Employment-Based Immigration: First Preference EB-1

What is an EB-1 Visa? First-preference, employment-based visas are available to foreign nationals if they meet specific criteria as a person with an extraordinary ability, outstanding professor or researcher, or multinational manager or executive. Each EB-1 visa category has its own requirements and application proceedings that will apply.

If you are interested in determining whether you qualify for an EB-1 visa, our Columbus immigration lawyers at The Law Firm of Shihab & Associates can provide an accurate review and assessment of your circumstances.

EB 1-1 Visa: Alien of Extraordinary Ability

Contact Our Columbus Immigration Lawyers for Experienced Help

Aliens of Extraordinary Ability are given first preference in adjusting to Legal Permanent Resident (LPR) Status or more commonly known as "Green Card" status. This page will focus solely on the EB-1-1 subcategory reserved for Aliens who have demonstrated sustained international acclaim in his or her field of expertise as evidenced by either evidence of a one-time achievement (i.e., a major international recognized award, such as the Nobel Prize or an Olympic Gold Medal), or at least three other types of evidence listed in the federal regulations.

Persons who are eligible for the EB-1-1 preference category may file their own petition without a sponsor and if approved, will be able to skip the PERM process and immediately adjust to LPR or Green Card Status. This method of obtaining a Green Card provides an excellent avenue for persons in almost any occupation or sport that have received the highest degree of success in their prospective field.

If you have won a major international award, you may be eligible for an EB-1-1 visa. Our Columbus immigration lawyers are innovative and responsive and have a successful track record in obtaining approval on behalf of clients seeking an immigrant petition under the category of aliens of extraordinary abilities.

EB-1 Employment-Based: EB 1-2 Outstanding Professors & Researchers

Columbus Immigration Attorneys

A foreign national is exempt from the labor certification process and can file an employment-based I-140 immigration petition without a PERM filing if he or she falls into one of the following three categories:

  1. Extraordinary ability
  2. Outstanding researchers
  3. International managers and executives

Qualifying for EB 1-2 Outstanding Professors & Researchers

To qualify as an EB1 outstanding professor and researcher, your I-140 petition must show that you are recognized internationally in your academic field as outstanding. Your petition must also include an offer for employment that is tenured, tenure-track, or permanent. And the offer must be from a qualifying future employer with proof that you have at least three years of experience in your academic area.

EB-1 Visa

Evidence Required Must Meet Certain Criteria

The USCIS uses a two-part evaluation to assess your I-140 petition. Part one is to review the submitted evidence to conclude if the evidence meets the regulatory requirements, and part two is to examine and review all of the evidence submitted with your petition as a whole for a final merits determination of whether you are internationally recognized as outstanding in your academic area.

Part One: Regulatory Criteria

Evidence submitted with the petition must establish that you meet at least two of the six criteria listed in the federal regulations. These criteria are as follows:

  1. Evidence that you have received awards or major prizes for outstanding achievement in your academic area;
  2. Your membership in associations in your academic area that necessitates their members have made outstanding achievements in the academic area;
  3. Professional published material written about your work in the academic area authored by others in your field;
  4. Your participation, either as a member of a panel or as an individual, judging others’ work in your academic area;
  5. Contributions that you have made of scientific or scholarly research in your academic area;
  6. Published Scholarly articles or books that you have written that have been circulated internationally in your academic area.

Immigration law requires that the USCIS must evaluate the caliber and quality of each piece of evidence to conclude whether or not you have established each criterion for which you have submitted evidence. It must not make a determination based on the evidence submitted as to whether or not you have attained international recognition. Rather it must limit its evaluation in part one to whether you have met two of the six criteria.

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Why Choose Shihab & Associates?

Retaining an Immigration Attorney is an Important Decision
  • Personal and Exceptional Approach to Processing Visas and Working With Our International Clients
  • US Immigration Services Offered in Columbus, Cleveland, Southfield, & Washington DC
  • Technologically Savvy Law Firm with Implementation of Numerous Tools to Deliver Case Progress
  • More Than 50 Years of Experience in a Variety of Business, Immigration, and Other Matters

Secure an Immigration Attorney Today

Our lawyers will individually and clearly explain the visa or green card process and will simplify the complex procedure in small, easy to understand steps.

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