EB1 Green Card | Rothrock Immigration Lawyer | Naples | Miami | Florida | US

U.S. immigration lawyer Carl Rothrock has filed thousands of cases from over 100 countries, including EB1 visa applications.  A foreign citizen may apply for an EB1 visa to obtain a green card without labor certification.  If USCIS approves the application, the foreign citizen and his or her spouse and children may receive permanent resident cards and can then  apply for citizenship after five years.  There are three categories of an EB1 visa in which the foreign citizen may apply:  1) Extraordinary Ability, 2) Outstanding professors and researchers, and 3) Multinational managers or executives.

EB1Visa for Aliens of Extraordinary Ability (EB1A) | Rothrock Immigration Lawyer Miami, Naples, Fort Myers, Boca Raton

In order to qualify for an EB1 visa as an “alien of extraordinary ability,” the applicant must prove that he or she has an extraordinary ability in the sciences, arts, education, business, or athletics.  The applicant must show that his or her achievements have been recognized in his or her respective field.  An applicant must prove that he or she meets three out of ten criteria below:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Membership in associations in the field which demand outstanding achievement of their members
• Published material about the applicant in professional or major trade publications or other major media
• Evidence that the applicant has been asked to judge the work of others, either individually or on a panel
• Applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Authorship of scholarly articles in professional or major trade publications or other major media
• Work has been displayed at artistic exhibitions or showcases
• Performance of a leading or critical role in distinguished organizations
• The applicant commands a high salary or other significantly high remuneration in relation to others in the field
• Commercial success in the performing arts

Alternately, if the foreign citizen does not meet three of the above listed requirements, he or she can substitute a one time achievement, such as a Pulitzer Prize, Oscar, Olympic medal, etc.  An employer does not need to sponsor an alien of extraordinary ability.  The foreigner can file his or her own petition.  USCIS does not limit the number of visas issued in this category.

EB1 Visa for Outstanding Professors and Researchers (EB1B) | Rothrock Immigration Lawyer | Naples, Fort Myers, Boca Raton

Outstanding professors and researchers must demonstrate international recognition in a particular academic field.  The EB1 visa applicant must hold three years of experience in teaching or research in that academic area.  In addition, the applicant must enter the United States to pursue a tenure track teaching position or a comparable research position at a university.  The foreign citizen must document evidence in at least two of the following criteria:

• Receipt of major prizes or awards for outstanding achievement
• Membership in associations that require their members to demonstrate outstanding achievement
• Published material in professional publications written by others about the alien’s work in the academic field
• Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
• Original scientific or scholarly research contributions in the field
• Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

The applicant’s employer must file an I140 petition to sponsor the employee; however, the government does not require labor certification.  If the government approves the petition, the employee and his or her spouse and children may receive permanent resident cards.  USCIS does not limit the number of visas issued in this category.

EB1 Visa for Multinational Managers or Executives (EB1C) | Rothrock Immigration Lawyer Boca Raton, Miami, Naples

The employer must have employed the applicant for at least one year within the last three years outside the United States.  An employee must enter the United States to continue service to this employer.  In addition, the employee must have worked as a manger or executive with the employer, an affiliate, or a subsidiary.  Only a U.S. employer can sponsor an employee under this category.  The employer must have operated the business for at least one year as an affiliate, subsidiary, or same corporation that employed the person abroad.  USCIS does not limit the number of visas issued in this category.

Choose a Qualified Immigration Attorney to Represent your Interests

Carl Rothrock, an immigration attorney in Fort Myers, Florida, has represented thousands of immigration clients from over 100 countries.  He has been licensed since 1989 and is admitted to practice before the Board of Immigration Appeals and all Immigration Courts in the United States.  He has offices throughout Florida, including Naples, Fort Myers, Cape Coral, Boca Raton, Miami, and Fort Lauderdale. To schedule a free initial consultation, call the Rothrock Law Firm at 239-206-2363.