EB-1 Immigration

The EB-1 team includes attorneys and technical writers who are dedicated to assisting doctors, scientists, artists, entertainers, entrepreneurs, and other highly skilled professionals.

The EB-1 immigrant visa category is the most desirable option for obtaining permanent residency (also known as a green card) in the United States among all the employment-based immigration options. The EB-1 team at Terrace Walnut LP is adept at serving these highly-skilled professionals in successfully bringing their talents to the United States.

Employment-based immigration does not necessarily mean employer-sponsored; rather, it means the condition for migration is the individual’s intention to continue to work in their field. For example, employment-based immigration includes self-petition options for extraordinary ability (EB-1A) and for advanced degree professionals whose migration is in the national interest, also called the national interest waiver (EB-2 NIW).

There are three subcategories for the EB-1 immigrant visa. The criteria flexibility makes many of these categories a viable option for individuals in virtually any industry including science, technology, business, athletics, and the arts.

EXTRAORDINARY ABILITY (EB-1A)

The Extraordinary Ability category is one of the fastest methods for obtaining an employment-based visa because there is no requirement for a PERM Labor Certification, or a job offer from a U.S.-based employer. Preparing the petition can be an intensive process and the criteria can be difficult to meet, particularly for those still early in their career. Therefore, it is important to have a knowledgeable team to assist to help put together a strong petition for the best chance of success.

OUTSTANDING PROFESSOR OR RESEARCHER (EB-1B)

This category also does not require the PERM Labor Certification, but applicants must be sponsored by a qualifying U.S. employer offering them permanent employment. The criteria can also be very difficult to meet as it takes years to build the experience (3 years minimum) and evidence.

MULTINATIONAL EXECUTIVES AND MANAGERS (EB-1C)

This category also requires a sponsoring U.S. employer but has different criteria than EB-1A and EB-1B. Beneficiaries are either an executive or manager and must have been employed in an overseas company in this capacity for at least one of the preceding three years of employment. The U.S. company must be related to the overseas company, for example, a branch or subsidiary.

In addition to the three EB-1 Immigrant Visa options, there are two alternatives foreign nationals can consider: the EB-2 National Interest Waiver and the O-1 Nonimmigrant Visa.

EB-2 NATIONAL INTEREST WAIVER (NIW)

Individuals at an earlier stage in their career may self-sponsor to obtain an NIW for an EB-2 immigrant visa based on their prior accomplishments and the benefits of their work to the national interests of the United States. No job offer or employer sponsorship is required and the criteria to meet are a bit more flexible but are still very difficult to meet. The EB-2 NIW is an immigrant visa petition, which means it does lead to a green card.

O-1 VISA

The O-1 visa is a nonimmigrant visa, which means it is a temporary visa and does not lead to a green card. The criteria and petition process are very similar to a petition in the EB-1 category but the visa requires employer sponsorship. The O-1 visa can be initially granted for a period of stay of up to three years and extensions can be requested.

WHY Terrace Walnut LP?

Terrace Walnut LP has a carefully crafted EB-1 team supported by a dedicated team of technical writers specifically and exclusively trained in the time- and work-intensive petitions for individuals of extraordinary ability. As an EB-1 client, you will be assigned a specialized EB-1 team to guide you through each step of the process.

Terrace Walnut LP attorneys develop creative solutions to complex problems to ensure our clients’ immigration needs are successfully met. Our skilled team of seasoned EB-1 immigration lawyers can help determine the best path of employment-based immigration for you and assist in completing the necessary documentation to get approved for an EB-1 or NIW green card.

Your assigned EB-1 team works closely with you to prepare a petition that reflects how your achievements meet the EB-1 and/or EB-2 regulatory standards. In addition, we assist your referees in framing your achievements in terms a layperson will understand. Our industry-leading success rates can be attributed to the extensive time the team will spend understanding the nature and significance of your achievements. Your assigned technical writer is fully trained in translating very technical concepts in a way the immigration adjudicators will understand and value. These detailed explanations, coupled with corroborating documentation, provide a clear picture of your accomplishments that will show just how extraordinary you are.

FAQ

What is Terrace Walnut LP’s experience with EB-1 and NIW petitions?

A very significant part of our practice is focused on representing individuals seeking to qualify for permanent residence (“green card”) through the Extraordinary, Exceptional, Outstanding, or National Interest categories. Our success rate is such that over 25 universities, hospitals and research institutions, as well as other immigration attorneys, refer individuals to our firm to prepare these petitions.

How does Terrace Walnut LP assist with the petition?

The firm’s EB-1 practice team works closely with you to prepare a petition that clearly reflects how your achievements meet the EB-1 and/or EB-2 regulatory standards. In addition to working with you, we assist in framing your achievements in terms a lay person can understand. Our success with these petitions is based in large part on the time we spend understanding the nature and significance of your achievements and translating very technical concepts into terms that the immigration adjudicators can understand and appreciate. These detailed explanations, coupled with corroborating documentation, provide a picture of your accomplishments that facilitates the immigration examiner’s understanding of just how extraordinary you are.

Who is allowed to file concurrently?

Concurrent filing is available to individuals eligible to adjust to permanent resident status at the time an I-140 is filed on their behalf to classify them in the EB-1 category (alien of extraordinary ability, outstanding researcher, multi-national manager); the EB-2 category (advanced degree professional, national interest waiver; alien with exceptional ability); or the EB-3 category (professional or skilled worker). An immigrant visa number must be immediately available, meaning that the priority date must be current.

Persons who have engaged in unauthorized employment or otherwise violated their nonimmigrant status may not be eligible. Similarly, persons who are subject to the two-year home residence requirement are not eligible unless this requirement has been waived or the obligation has been fulfilled.

What are the legal fees, and what do the legal fees include?

We will provide you a fixed legal fee during the consultation once we evaluate your case. The legal fee is broken down based on the stages of preparation and filing, and a breakdown will also be provided during your consultation. Please ask any questions you may have about the quoted legal fee and what it includes. The legal fee includes all of the legal services specified above, as well as our preparation of a detailed transmittal letter to USCIS explaining how and why you qualify for EB-1 or NIW, advice regarding premium processing and concurrent filing, preparation of all government forms, preparation of applications for permanent residence, preparation of applications for employment authorization, preparation of applications for travel documents, prompt response to all telephonic and email inquiries, and follow up with USCIS if there are processing delays. In addition, we do not bill separately for miscellaneous costs and expenses, including photocopies and FedEx. Rather, we add 6% to each legal fee payment to cover the expenses. We accept Visa, MasterCard and Discover.

Should I file one petition or multiple petitions?

This determination is made on a case-by-case basis. In some instances, we recommend filing both an EB-1 and EB-2 NIW if the NIW is stronger, but you are subject to a backlog in the EB-2 category. If filed at the same time, we charge a reduced rate for the second petition. We will work with you to determine the best option for you.