Learn how highly accomplished and high level professionals may apply for green cards through the EB-1 priority workers categories. Foreign nationals in any industry or occupation can qualify. We have helped doctors, dentists, artists, engineers, business owners, athletes, and many other international professionals win an EB-1 green cards. In most cases, EB-1 green cards are approved much faster than most other options.
Watch this webinar and get the details of these fast-track green card options including Extraordinary Ability, Outstanding Researcher/Professor, and Multinational Executives/Managers.
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3. • Helped thousands of clients gain legal immigration
status in the U.S. since 1993
• Appeared as immigration expert on numerous radio
and TV stations including Fox and CBS
• Author of the book, Immigration Prescription
• Selected as Best Lawyers in Dallas for Immigration by
D Magazine
• Selected as Best Lawyer in the U.S. list by Best
Lawyers
Ann Massey Badmus
Attorney at Law
4. Webinar Agenda
Green Card Application Procedures
Employment Based Immigrant Visa
Quotas
Employment Based (EB -1) Options
for Top Professionals Nuts & Bolts
Questions & Answers
5.
6. EB Green Card Annual Quotas
(October 1 to September 30)
EB-1 Priority Workers
40,000
EB-2 Advanced Degree/Exceptional
Ability Workers
40,000
EB-3 Professional and Other
Workers
40,000
EB-4 Special Immigrants
10,000
7. EB Green Card Annual Quota
Facts to Know
• No more than 7 percent of the visas may be
issued to natives of any one independent
country in a fiscal year
• Based upon country of birth, not citizenship
• Includes dependents (spouse and children
under 21) of primary applicant
Cross Chargeability – use spouse’s place of birth
for faster processing
8. Department of State (DOS) Visa
Bulletin
The monthly DOS Visa Bulletin summarizes the
availability of immigrant visas according to:
• The “Application Final Action Dates” and
• The “Dates for Filing Applications” chart indicating
when immigrant visa applicants should be notified
to assemble and submit required documentation
to the National Visa Center.
11. USCIS Adjustment of Status Chart
“If USCIS determines that there are more immigrant
visas available for a fiscal year than there are known
applicants for such visas, we will state on this page
that you may use the Dates for Filing Visa
Applications chart. Otherwise, we will indicate on
this page that you must use the Application Final
Action Dates chart to determine when you may file
your adjustment of status application.”
https://www.uscis.gov/visabulletininfo
14. No employer
sponsorship
required but
must show
potential
contribution to
the United
States
Any occupation
can qualify, e.g.
researchers,
physicians,
musicians,
artists, athletes,
entrepreneurs,
and more.
Applicant must
have risen to
the top of the
field and is
nationally or
internationally
renowned.
Extraordinary Ability (EB-1A)
You must meet 3 of 10 criteria (unless you have won well-
known international prize, e.g. Nobel, Pulitzer, Oscar, Olympic
medal)
15. EB-1A Extraordinary Ability Criteria
Awards (more than one award required) –
Is it a national or international professional
award?
What is the criteria for the award?
Who are previous award winners?
How many competed for the award?
Who are the judges of the award?
16. EB-1A Extraordinary Ability Criteria (cont.)
Membership in associations which demand
outstanding achievement of their members
Is it a regional, national, or international
professional association?
What is the criteria for memberships?
Who are current members?
Who are the individuals determining
membership eligibility?
17. EB-1A Extraordinary Ability Criteria (cont.)
Articles about you in professional or major
trade publications or other major media
Is it a regional, national, or international
professional or news publication (magazine,
newspaper, journal, online)?
How popular is the publication (number of
subscribers, circulation, page views/visits)?
Does the article describe your work and
names you specifically?
18. EB-1A Extraordinary Ability Criteria (cont.)
Judge of the work of others in your field, either
individually or on a panel
Did you judge work of other professionals
or students in your field?
How many times did you serve as a judge,
reviewer, editor, or similar role?
Do you receive frequent invitations to
judge?
19. EB-1A Extraordinary Ability Criteria (cont.)
Original scientific, scholarly, artistic, athletic, or
business-related contributions of major significance to
the field
What is your specific area of expertise in your
field?
Have you made any discoveries or developed new
methodologies or similar innovations in your field?
What is the impact of discoveries in your field?
Have you been invited to present your work or
teach others at conferences, professional
meetings, etc.?
20. EB-1A Extraordinary Ability Criteria (cont.)
Author of scholarly articles in professional or major
trade publications or other major media
Is it a regional, national, or international
professional or news publication (magazine,
newspaper, journal, online)?
How popular is the publication (number of
subscribers, circulation, page views/visits, impact
factor)?
How often has the article been read or used for
further research, e.g. citations, downloads
21. EB-1A Extraordinary Ability Criteria (cont.)
Performance of a leading or critical role in
distinguished organizations
Is the organization well-known or won any
awards?
What is its ranking among similar organizations?
What is the organizational hierarchy (leading
role)?
How is your impact in the organization different
from others in similar positions (critical role)?
22. EB-1A Extraordinary Ability Criteria (cont.)
You command a high salary or other significantly high
remuneration in relation to others in the field
What is the average salary (nationally) in your
field?
What is your total compensation in the last year
or what is your proposed salary for a newly
accepted position?
23. EB-1A Extraordinary Ability Criteria (cont.)
• Your work has been displayed at artistic
exhibitions or showcases
• Your commercial successes in the
performing arts
• Other comparable evidence
24. Employer
sponsorship
required.
Employment
with university
or company
with at least 3
researchers
and recognition
in field
Applies to
researchers and
professors only,
with 3 years
experience and
permanent,
tenure-track, or
tenured job offer
Applicant must
be recognized
internationally
as outstanding
in a specific
academic area
Outstanding Researcher
(EB-1B)
You must meet 2 of 6 criteria
25. EB-1B Outstanding Researcher or Professor
Criteria
Awards (more than one award required) –
Is it a national or international professional
award?
What is the criteria for the award?
Who are previous award winners?
How many competed for the award?
Who are the judges of the award?
26. EB-1B Outstanding Researcher or Professor
Criteria (cont.)
Membership in associations that require their
members to demonstrate outstanding achievement
Is it a regional, national, or international
professional association?
What is the criteria for memberships?
Who are current members?
Who are the individuals determining
membership eligibility?
27. EB-1B Outstanding Researcher or Professor
Criteria (cont.)
Published material in professional publications written
by others about your work in your academic field
Is it a regional, national, or international
professional publication?
How popular is the publication (number of
subscribers, circulation, page views/visits)?
Does the article describe your work and
names you specifically?
28. EB-1B Outstanding Researcher or Professor
Criteria (cont.)
Judge of the work of others in your field, either
individually or on a panel
Did you judge the work of other
professionals or students in your field?
How many times did you serve as a judge,
reviewer, editor, or similar role?
Do you receive frequent invitations to
judge?
29. EB-1B Outstanding Researcher or Professor
Criteria (cont.)
Original scientific or scholarly research contributions
in the field
What is your specific area of expertise in your
field?
How is your research original or novel?
What is the impact of research in your field?
Have you been invited to present your work or
teach others at conferences, professional
meetings, etc.?
30. EB-1B Outstanding Researcher or Professor
Criteria (cont.)
Author of scholarly articles or books in international
professional journals
Is it a regional, national, or international
professional?
How popular is the publication (number of
subscribers, circulation, page views/visits, impact
factor)?
How often has the article been read or used for
further research, e.g. citations, downloads
31. Two Part Analysis for EB-1A and
EB-1B Categories
Subjective “final merits” determination –
has the alien sustained national or
international acclaim?
EB-1B – Meet minimum of 2 of 6 criteria
EB-1A – Meet minimum of 3 of 10 criteria
32. Multinational
employer
required with
operations in
U.S. for at least
one year.
Foreign
company and
U.S. company
must have
qualifying
relationship.
Applies to top-
level managers
and executives
only. Must have
worked with
foreign
company as
manager or
executive.
Applicant must
have worked
with company
outside U.S.
for at least one
year in the
three years
before
application or
before entry
into U.S. as
nonimmigrant.
Multinational Executive or Manager
(EB-1C)
34. STEP 1: I-140 Petition for Immigrant Worker
Proof of your eligibility for the
applicable EB-1 category
Employer must prove ability to
pay the offered wage (prevailing
wage or higher) – EB-1B, EB-1C
Premium processing option
($1225) for EB-1A and EB-1B only
35. Employer Ability to Pay Wages – EB-1B
and EB-1C Only
Proof of current ability to pay offered wage can
include:
A statement from the financial officer of the company, if
100 or more employees
Copies of the following documents for the year of and year
preceding the labor certification, if fewer than 100
employees:
• Annual Report
• Federal Tax Returns
• Audited Financial Statements
36. STEP 2: Immigrant Visa Application
Priority date must be current, i.e. immigrant visa
number available in the EB category
Two processing options
Adjustment of Status petition (in the U.S.) –
Form I-485
Consular process (outside the U.S.) - Form DS-260
Quick Fact
J-1 Waiver Physicians must complete three year
medical service before applying for immigrant visa
(except for EB-2 NIW Physician)
37. Adjustment of Status (I-485)
Present in the U. S. in valid non-immigrant status and
no status violations for more than 180 days
I-485 filed separately for employee and family
member with USCIS
Employment Authorization Document (EAD)/Travel
Authorization Document (Advanced Parole)
Processing time – 12 to 18 months or more,
depending upon immigrant visa availability
38. Consular Process (DS-260)
DS-260 Form – file with Department of State
(consulate/embassy) for employee and each family
member
International Travel required – Employee and family
member must attend immigrant visa interview at the
U.S. embassy located in home country
Processing time – 6 months or more, depending upon
priority date and consulate
39. Tips for Fastest Processing
Determine whether I-485 or DS-230 is best or only option
before I-140 is filed
File I-140 and I-485 applications concurrently, if priority
date is current
Use premium processing for I-140 petition, especially if
consular processing
Track cut-off dates against your priority date monthly at:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-
bulletin.html and https://www.uscis.gov/visabulletininfo
41. What to Do Next?
Facts of each case are different. The general
information provided here should not be
relied and is not legal advice.
Consult with an experienced immigration
attorney to get the right advice for your
specific circumstances.
Schedule with case evaluation with one of
our highly qualified immigration attorneys.