FAQ
EB-1 FAQ
The EB-1 visa is an employment-based, first preference visa for foreign nationals with extraordinary ability, outstanding professors and researchers, or certain multinational executives and managers. It is intended for individuals who have demonstrated sustained national or international acclaim and recognition in their field.
The EB-1 visa is divided into three subcategories:
- EB-1A: Individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
- EB-1B: Outstanding professors and researchers who are internationally recognized in their academic field.
- EB-1C: Multinational executives and managers who have been employed by an overseas affiliate, parent, subsidiary, or branch of a U.S. employer.
- EB-1A: No job offer is required. Applicants can self-petition.
- EB-1B and EB-1C: A job offer from a U.S. employer is required, and the employer must file the petition on behalf of the applicant.
Processing times can vary, but typically it can take several months to over a year. It is advisable to check the current processing times on the USCIS website.
Yes, your spouse and unmarried children under the age of 21 can apply for derivative visas to join you in the United States. They can apply for adjustment of status or consular processing alongside your EB-1 application.
If you are in the United States on a valid nonimmigrant visa that allows employment, you can continue to work. Once you file Form I-485, you can also apply for an Employment Authorization Document (EAD) to work while your application is pending.
- Priority processing as a first-preference employment-based visa.
- No need for labor certification.
- Pathway to U.S. permanent residency (green card) for the applicant and their immediate family members.
Click on the ‘Request A Consultation‘ button below or email us at emerald.consultus@gmail.com.
EB-2 NIW FAQ
The EB-2 National Interest Waiver (NIW) visa is an employment-based visa category that allows
foreign nationals with exceptional ability or advanced degrees to seek a waiver of the job offer and
labor certification requirements if their work is deemed to be in the national interest of the United
States.
Eligible applicants must meet one of the following criteria:
- Hold an advanced degree (master’s or higher) or its equivalent (a bachelor's degree plus
five years of progressive work experience in the field). - Demonstrate exceptional ability in the sciences, arts, or business, which means a degree
of expertise significantly above that ordinarily encountered in the field.
Applicants must demonstrate that:
- Their proposed endeavor has substantial merit and national importance.
- They are well-positioned to advance the proposed endeavor.
- It would be beneficial to the United States to waive the requirements of a job offer and
labor certification.
No, the EB-2 NIW allows for self-petitioning, which means you do not need an employer to sponsor
your application. You can file the petition on your own behalf.
Processing times can vary, but typically, it can take several months to over a year. It is advisable to
check the current processing times on the USCIS website.
Yes, your spouse and unmarried children under the age of 21 can apply for derivative visas to join you
in the United States. They can apply for adjustment of status or consular processing alongside your
EB-2 NIW application.
If you are in the United States on a valid nonimmigrant visa that allows employment, you can continue
to work. Once you file Form I-485, you can also apply for an Employment Authorization Document
(EAD) to work while your application is pending.
Click on the ‘Request A Consultation‘ button below or email us at emerald.consultus@gmail.com.