EB-1 First Preference Immigrant Workers

The first preference of the employment based visa is called the EB-1 immigrant visa. If you fall under the following categories, you may be eligible to apply for a green card as a first preference immigrant worker.

  • You have extraordinary ability in the sciences, arts, education, business or athletics;
  • You are an outstanding professor or researcher; or
  • You are a multinational manager or executive who meets certain criteria

To apply with extraordinary ability or as an outstanding professor or researcher you must meet certain criteria and provide credible evidentiary documentation that you meet the criteria. As a multinational manager or executive you must have been employed outside the United States as a manager or executive in the 3 years preceding the petition for at least 1 year by your corporate employer. You must also be entering the United States to continue service to the employer. If you meet all filing and eligibility criteria, your employer must file the Form I-140 Petition for Alien Worker for you. The process depends on where you are.

Adjustment of Status Process

If you are located in the United States, you may be able to submit a Form I-485 adjustment of status application. Generally, this involves submitting the petition or approved petition notice and the adjustment of status application, attending a biometrics appointment and then the final interview. During the process you should be on the look out for any requests for more evidence as well, called RFEs. Failure to respond to these may cause a delay or denial of your application.

Before applying for the green card through the adjustment of status process you should make sure that this is the right process for you. You should make sure that a visa is immediately available to you and that you have legal status. In addition, you should make sure there are no bars to an adjustment of status and no admissibility issues. You should  consider applying for employment authorization (if necessary) and advanced parole. Advanced parole will allow you to travel outside of the United States during the application process. Each of the pieces of this process can get complicated. If you miss something or make mistakes, it could mean a delayed process or even a denial. It is important to tread carefully and be meticulous through this process.

Consular Processing

If you are outside of the United States, and the USCIS approves the petition, you will go through consular processing and a final interview at the embassy in your home country. Generally, the employer will submit the petition at the USCIS. If approved, the USCIS sends the approved petition to the National Visa Center. The National Visa Center then corresponds with you to provide documentation, fee payments and to complete the DS-260 immigrant visa application. Then the embassy in your home country schedules the final interview and provides you instructions to do the medical examination and obtain a police certificate in your country. The officer will review all documentation and your application at the final interview and inform you of the decision at the interview.

When considering whether to go through with this type of green card application, it is important to take other circumstances and factors into consideration. Failing to do this may cause complications during the application process. For instance, any facts that involve previous denials, past immigration and criminal violations, previous marriages that involved filings, entry with other types of visas, tax issues, visa overstays, and previous employment in the United States can be just as important as the basic eligibility criteria. A single criminal violation, whether a misdemeanor or more serious, can lead you to be inadmissible to the United States, which may require additional steps to get a green card, such as a waiver.

It is important to consult an experienced immigration attorney to assist you with your case. An attorney will assist with preparing the petition, assist with gathering evidence, and advocate vigorously for you during the process. Here at ST Law Office, I have dedicated my practice solely to immigration matters. I vigorously advocate no matter how simple or complicated the matter. Don’t hesitate to call us at 561-405-4889 or to schedule your initial phone, online or in-person consultation now.

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