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EB-1

EB-1

The EB-1 classification has the advantage of driving the green card in a few days and without the need for a sponsor.

This visa is for

  1. Individuals with extraordinary abilities;
  2. International company managers;
  3. University professors and exceptional researchers.

1 – Individuals with extraordinary abilities:

Any field of application can be included in this category.

To obtain the green card with this category, it will be necessary to demonstrate that you have obtained an absolute level award in your field, or you will have to demonstrate your extraordinary abilities in other ways.

Therefore, the award of absolute level is sufficient itself. However, if the award is missing, it will still be possible to demonstrate extraordinary abilities by presenting alternative tests, substantially identical to those required for the O-1 visa. In this case, however, the evaluation criteria will be more rigid than that used in the O-1 visa, and to obtain the green card it will be necessary to produce particularly convincing evidence.

2 – International company managers:

The EB1 classification also applies to managers or executive figures to be transferred within the same company, from an office abroad, to a branch, affiliate or affiliate in the United States. However, it is essential that during the three years prior to the visa application, the applicant has worked continuously for at least one year for the company in a location outside the USA and has held executive or managerial functions.

The similarity of the EB1 classification for multinational managers with the L visa is evident. The main practical difference is that, for purposes of EB1, the US office. UU in which it moves it must already be substantially operative and not in the start-up phase (which is possible instead in the L visa). Obviously, there is also a basic difference in the approach between the two visas; since the L visa is a nonimmigrant visa, and the EB1 classification allows obtaining the green card for permanent residents.

NOTE: it is often stated that the L visa is a necessary requirement before being able to apply for the green card through EB-1 as an international manager; this statement does not correspond to the truth. Although the chances of obtaining an EB-1 are very high if the L visa has already been renewed, in fact, it is possible to directly request the green card with the EB-1 procedure as the first visa, without going through the L visa, disconnected and independent in the legal level.

3 – University Professors with a very clear reputation:

The EB-1 classification for university professors requires at least three years of experience in teaching or research in a given academic field, along with proof of formal international recognition for exceptional achievements in the same field. Unlike other EB1 categories, this classification requires a full-time job offer from a higher education institution in the United States.

Members of the applicant’s family:

Parallel to the applicant, the spouse and children under 21, as long as they are not married, can apply for permanent residence at the request of the applicant. Obviously, once the green card is obtained, it will be possible, after the appropriate period of time, to apply for US citizenship.