Chicago EB1 Visa Attorneys

EB-1A – Alien of Extraordinary Ability

The process of preparing and filing an EB-1A Alien of Extraordinary Ability petition requires demonstrating that the beneficiary has achieved extraordinary success in their field, with sustained national or international acclaim. This category is intended for individuals who have reached the top of their profession in areas such as science, arts, education, business, or athletics.

To be eligible for the EB-1A visa, the beneficiary must demonstrate extraordinary ability by either receiving a one-time major internationally recognized award, such as a Nobel Prize, or by providing evidence that they meet at least three of the following ten criteria:

1. Receipt of a major internationally recognized award, such as the Nobel Prize, an Academy Award, or a Pulitzer Prize, which establishes the individual’s international recognition in their field.
2. Membership in associations that require outstanding achievements for membership, such as selective professional organizations that only admit individuals with extraordinary accomplishments.
3. Published material about the beneficiary’s work in professional or major trade publications, or other prominent media outlets that highlight the individual’s contributions and impact in the field.
4. Participation as a judge of the work of others in the field, such as reviewing scholarly articles, judging competitions, or evaluating the work of other experts in the field.
5. Evidence of original contributions of major significance to the field, such as groundbreaking research, innovations, or patents that have had a substantial and lasting impact on the field.
6. Authorship of scholarly articles or books published in recognized journals or other reputable outlets, demonstrating the beneficiary’s intellectual leadership and contributions to their field.
7. Evidence of a high salary or remuneration compared to others in the field, which can be demonstrated through contracts, pay stubs, or salary data showing the beneficiary’s superior compensation.
8. Employment in a critical role for organizations or institutions with a distinguished reputation, where the beneficiary’s work is essential to the success or operation of the organization.
9. Commercial success in the performing arts, demonstrated by box office receipts, critical reviews, or other commercial achievements in areas such as music, theater, or film.
10. Other comparable evidence that can show the individual’s extraordinary ability if none of the above categories fully apply. This could include unique awards, recognitions, or contributions that stand out in the beneficiary’s field.

Once the eligibility requirements are met, the petitioner must gather the necessary evidence to support the claim of extraordinary ability. This includes documentation such as the beneficiary’s CV, letters of recommendation from recognized experts, copies of publications or awards, and any other materials that establish their international recognition and significant contributions.

The next step is to file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).

It is critical to ensure that the petition is thoroughly prepared and that all documentation is organized to clearly demonstrate the beneficiary’s extraordinary ability. Working with an immigration attorney can help ensure that the petition meets USCIS requirements and has the best chance for success.

EB-1B Outstanding Researcher Petition

The EB-1B visa is designed for outstanding researchers or professors who have achieved international recognition in their academic field. To file an EB-1B petition, both the employer and the beneficiary must carefully follow these steps:

First, confirm eligibility. The petitioning employer must be a U.S. university or a private organization with a dedicated research department or division. The position offered must be a tenure-track or permanent research role. The beneficiary must demonstrate international recognition through evidence of outstanding achievements in their field, meeting at least two of the following criteria: authorship of scholarly articles, judging the work of others in the field, original and significant contributions to the discipline, published material about their work, membership in exclusive organizations requiring significant achievements, or receipt of major prizes or awards for excellence.

Next, gather strong supporting evidence to showcase the beneficiary’s qualifications. This includes a detailed job offer letter describing the position and its permanence, letters of recommendation from respected experts in the field, and evidence supporting at least two of the required achievements, such as citation records, award certificates, or editorial memberships. A comprehensive CV highlighting the beneficiary’s education, research experience, and publications is also essential.

Once the evidence is prepared, the employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). Along with the form, include the required filing fee and, if desired, the premium processing fee using Form I-907 for expedited adjudication.

The completed petition is submitted to the appropriate USCIS service center, and a copy should be retained for records. After filing, the employer or beneficiary can track the petition’s status online. It is crucial to respond promptly to any Requests for Evidence (RFEs) issued by USCIS to address additional questions or concerns.

Although the EB-1B process does not require labor certification, the supporting documentation must clearly demonstrate the beneficiary’s international recognition and exceptional contributions to their academic field. Collaborating with legal counsel ensures the petition is well-prepared, organized, and aligned with USCIS requirements, maximizing the chances of approval.

EB-1C – Multinational Executives and Managers

The EB-1C visa category is designed for multinational managers or executives who have been employed by a qualifying foreign company for at least one year in the three years preceding the petition and are being transferred to a U.S. employer in a similar managerial or executive capacity. This category provides a path for individuals who hold key leadership roles in international companies and need to continue their work in the U.S.

Eligibility Requirements

To qualify for an EB-1C visa, the beneficiary must meet the following eligibility requirements:

1. Qualifying Employer: The U.S. employer must be a multinational company that is doing business in both the U.S. and at least one other country. The employer must also be able to demonstrate its ability to continue doing business in both countries.
2. Employment Abroad: The beneficiary must have worked outside the U.S. for the qualifying employer in a managerial or executive capacity for at least one continuous year within the three years preceding the petition.
3. Job Offer in the U.S.: The U.S. employer must offer the beneficiary a permanent, full-time managerial or executive position. This role should be similar in nature to the role the beneficiary held at the foreign company.
4. Managerial or Executive Capacity: The beneficiary must be employed in a managerial or executive capacity. A managerial position typically involves overseeing and directing the work of other employees or managing an essential function of the company. An executive position generally involves decision-making authority and significant responsibilities for the overall direction of the company or a major department.

Preparing and Filing the Petition

Once the eligibility requirements are confirmed, the employer begins preparing the necessary documentation for the EB-1C petition. The following steps should be taken:

1. Gather Evidence of Qualifying Employment: The employer must provide documentation to prove that the beneficiary has been employed in a managerial or executive capacity for at least one year in the preceding three years. This can include job descriptions, employment contracts, pay stubs, and other records that establish the beneficiary’s role within the company abroad.
2. Document U.S. Employer’s Qualifying Business: The U.S. employer must submit evidence that it is a multinational company doing business in the U.S. and at least one other country. This may include financial records, proof of operations in the U.S. and abroad, and company organizational charts.
3. Prepare Form I-140: The employer will complete and submit Form I-140, Immigrant Petition for Alien Worker, to U.S. Citizenship and Immigration Services (USCIS). The petition must include the required filing fee, supporting documents for the beneficiary’s qualifications, and proof of the qualifying business relationship between the foreign and U.S. employers.
4. Provide Job Offer and Organizational Structure: The petition should include a detailed job offer letter from the U.S. employer describing the managerial or executive nature of the position. The employer should also submit the company’s organizational structure, illustrating how the beneficiary’s position fits into the overall structure.
5. File with USCIS: Once the necessary documentation is gathered, the petition is filed with the appropriate USCIS service center. The employer should ensure that all required evidence is included to avoid delays in processing.

Final Decision

Once the petition is processed, USCIS will issue a decision. If the petition is approved, the beneficiary may proceed with adjusting their status if already in the U.S., or apply for an immigrant visa at a U.S. consulate abroad if outside the U.S.

Key Considerations

• The EB-1C category is highly beneficial because it does not require labor certification, making it a faster option compared to other employment-based immigration categories.
• The role at the U.S. employer must be permanent and in a managerial or executive capacity, and it must be a continuation of the role the beneficiary held abroad.
• The employer must be able to prove that it meets the multinational requirement and is operating in both the U.S. and at least one other country.

The EB-1C process is designed for multinational companies that need to transfer key personnel to the U.S. It is essential to work closely with an immigration attorney to ensure that all documentation is complete and meets USCIS requirements. Properly preparing the petition and providing thorough evidence will increase the likelihood of a successful outcome.