The Austin EB-1 visa attorney of Lyttle Law Firm are recognized leaders in immigration law. We are committed to helping foreign nationals obtain employment-based visas to work and live in the United States. Our firm provides premier legal representation to immigration clients in Austin and San Antonio, as well as throughout Texas and the country.
Employment-based (EB) visas are issued to approximately 140,000 qualified applicants each year. Like the H1B, EB visas are available to eligible beneficiaries who have the “dual intent” of working and immigrating to the United States. Other nonimmigrant visas prohibit the visa holder from receiving employment or remaining in the U.S. to obtain legal permanent resident status. To qualify for an EB visa, the applicant’s prospective employer must have already received an approved labor certification application from the Department of Labor. The petitioning applicant or employer can then file an Immigrant Petition for Alien Worker, Form I-140, for the proper employment-based category. EB visas are divided into five preference categories based on priority. EB-1 visas for “priority workers” receive first preference.
EB-1 visas are further divided into three subcategories for applicants that have an extraordinary ability, are outstanding professors or researchers, or multinational executives or managers. Each category requires proof of certain requirements. EB-1A visas, for example require demonstration of an “extraordinary ability” in the sciences, arts, education, business, or athletics. Those who have achieved national or international acclaim for their talent do not require a specific job offer from a sponsoring employer. They may file their own I-140 petitions to live and work in the United States. But EB-1A applicants must prove their extraordinary ability through awards such as an Oscar, Pulitzer, or Olympic Medal. Eligible applicants may also provide other forms of evidence demonstrating extraordinary ability or widespread recognition in a field of expertise.
EB-1B visa applicants must demonstrate international recognition for their outstanding achievements in a particular academic field. Qualifying professors and researchers must have a minimum of three years’ experience teaching or researching in a specific academic area and show that they are entering the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or institution of higher learning. Evidence proving that a person is an “outstanding professor or researcher” may include a major prize or award for achievement, membership in a particular association, articles in professional publications about the applicant’s work, and original scientific or scholarly research contributions in a particular academic field.
EB-1B and EB-1C visas both require that a prospective employer provide a job offer and file an Immigrant Petition for Alien Worker with the U.S. Citizenship and Immigration Service. EB-1C visas are reserved for “multinational managers or executive” employed for at least three years by an overseas affiliate, parent, subsidiary, or branch of the sponsoring employer or for at least one year by a U.S. firm or corporation. In addition managerial or executive status, applicants must show that they are entering the U.S. to continue employment in the sponsoring firm or organization. Petitioning U.S. employers must demonstrate that they have been conducting business operations for at least one year as an affiliate, subsidiary, or legal entity that employs the applicant abroad.
If you need help obtaining an employment-based visa, contact the experienced Austin EB-1 visa lawyer at Lyttle Law Firm today. Attorney Daniella Lyttle provide dedicated representation to international employers and visa applicants in Texas and elsewhere. Whether you require assistance filing a Labor Certification Application or Immigrant Petition for a prospective EB-1 applicant, we are here to help. Our firm has provided excellent legal service to priority workers and other employment-based visa applicants for years. Even if you do not qualify for an EB-1 visa, we can help you find the appropriate solution for your immigration needs. To schedule a confidential consultation, call us at (512) 215-5225 or contact us online. We look forward to hearing from you.