Fort Myers EB-1 Visa Attorney
Helping Priority Workers Achieve Their American Dreams
Employment-based immigration helps immigrants live and work in the United States once they have secured a full-time offer of employment from an employer willing to sponsor them. Obtaining a green card can still be an arduous and protracted process that includes annual caps that are placed on employment-based visas.
If you are unsure if you qualify for the EB-1 visa or any other employment-based green card, our team at Hurtado Immigration Law can help. Our Fort Myers EB-1 visa lawyer can assist priority workers and their U.S. employers with navigating the often-complex employment immigration system. We are familiar with how United States Citizenship and Immigration Services (USCIS) adjudicates EB-1 visa applications and can efficiently guide you through each step of the process.
What Is the EB-1 Visa?
Five preference categories of employment-based visas are available to immigrants. Each ultimately confers the same benefits of lawful permanent residency, but each visa has its own set of eligibility requirements.
The EB-1 visa is reserved for “priority workers” and is generally easier for qualifying candidates to procure than other categories of employment-based green cards. This is in large part because, unlike other employment-based visa categories, employers are not required to complete complex labor certifications to confirm no American workers are available to take the position. EB-1 visa candidates skip this step entirely.
Most employment-based visas require applicants to first obtain a full-time offer of employment from a sponsoring employer. The other key advantage of the EB-1 visa is that workers with “extraordinary abilities” do not need an offer of employment at all. The EB-1 visa is also available to workers in two other subcategories, but these subcategories do require an offer of employment.
Qualifying for the EB-1 Visa
Only the most capable and accomplished workers will qualify for the EB-1 visa. The visa’s eligibility criteria are strict and, in many cases, difficult to meet. Immigrants may qualify if they meet the individual requirements of one of three available subcategories. Our Fort Myers EB-1 visa attorney can assess your qualifications and advise whether you are likely to be considered eligible.
You may be eligible for an EB-1 visa if you are:
- A Worker of “Extraordinary Ability.” To qualify under this category, working professionals must demonstrate “extraordinary abilities” in the arts, science, athletics, education, or business industries. This generally requires providing evidence that the worker’s accomplishments have been nationally or internationally recognized and is widely considered a leader in their chosen field. Workers applying under this subcategory do not necessarily need a permanent offer of employment, but submitting an application with an employee-sponsor can potentially expedite the process and increase the odds of acceptance. EB-1 visa recipients must intend to continue to work in their chosen field.
- An “Outstanding” Professor or Researcher. Celebrated professors or researchers may be able to secure an EB-1 visa through this subcategory if they have at least three years of relevant teaching or research experience. To apply under the EB-1 category, the professor or researcher must have a qualifying full-time job offer specific to their area of expertise from a qualifying employer (generally a university, institution of higher education, or qualifying research organization).
- A Multinational Executive or Manager. If a multinational company operates qualifying branches, affiliates, or offices in the United States, managers and executives of those U.S.-based enterprises can potentially qualify for the EB-1 visa. Applicants must have worked for their qualifying employer for at least one of the preceding three years either in or outside of the United States. Their job duties must also meet USCIS’s definitions for what constitutes executives and managers.
Obtain an EB-1 Visa with Our Help
Our Fort Myers EB-1 visa lawyer at Hurtado Immigration Law can determine if you qualify for this type of green card. We can help you prepare the necessary documentation and supporting evidence and handle all communications with USCIS. Once your application has been approved, we can assist you with facilitating an adjustment of status (if you are currently in the United States) or completing consular processing (if you are abroad). We are invested in your success and will serve as your guide and advocate every step of the way.