What is the process for obtaining an EB-1 visa?

As a lawyer, I can advise on the process for obtaining an EB-1 visa.

EB-1 visas are issued to individuals who possess extraordinary ability in the fields of science, arts, education, business, or athletics; outstanding professors or researchers; or multinational executives or managers. To apply for an EB-1 visa, the following process must be followed:

1. Determine Eligibility: To apply for an EB-1 visa, the applicant must demonstrate that they meet the eligibility requirements for the category they are applying under. For example, if they are applying under the extraordinary ability category, they must show that they have sustained national or international acclaim and that their achievements have been recognized in their field of expertise.
2. File Form I-140: Once the applicant has determined their eligibility, they must file Form I-140, Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form should be accompanied by supporting documentation, such as evidence of the applicant's extraordinary ability or evidence of their status as an outstanding professor or researcher.
3. Wait for USCIS Decision: USCIS will review the applicant's petition and supporting documentation to determine whether they meet the eligibility requirements for the EB-1 visa. USCIS may request additional evidence or information before making a decision.
4. Consular Processing or Adjustment of Status: If USCIS approves the petition, the applicant may either apply for an EB-1 visa at a U.S. consulate abroad (consular processing) or adjust their status to that of a lawful permanent resident while they are in the U.S.

It is important to note that the EB-1 visa category is highly competitive, and the process for obtaining one can be complex. It may be beneficial for individuals seeking an EB-1 visa to consult with an experienced immigration attorney to determine their eligibility and guide them through the application process. In addition, USCIS may deny an application for various reasons, including a lack of evidence of eligibility. If a petition is denied, the applicant may have the option to appeal the decision or reapply with additional evidence.