EB-1 Resource Center

 

Klasko, Rulon, Stock & Seltzer, LLP has represented thousands of individuals in obtaining U.S. permanent residency without the necessity of completing a labor certification by showing that the individual is an:

  1. Alien of Extraordinary Ability
  2. An Outstanding Researcher or Professor; or
  3. An Immigrant Whose Immigration is in the National Interest

Click here for step-by-step information on the process. View PDF version

Please feel free to browse the resources we have made available on our website. If you want to learn more about these options, we recommend that you schedule a consultation with us. A consultation allows us to review all of the facts in your situation, after which we can present you with the options relevant to your specific situation. We can also quote you a fee for any option you wish to pursue with our assistance after speaking with you. Please note there is a consultation fee, which may be applied towards legal fees if we are retained within 72 hours of the consultation.

You can schedule a consultation by calling 212-796-8840 (NY) or 215-825-8600 (PA) or by emailing EB1consult@klaskolaw.com. Please include your CV with your email, and be sure to let us know to which of our attorneys you would like to speak.

 

What is 'EB-1'?

'EB-1' refers to the employment based first preference immigrant visa category.  Employment based immigration does not necessarily mean employer sponsored; rather, it means that the basis for immigration is the individual's intention to continue to be employed in his or her field.  Employment based immigration includes self-petition options for aliens of extraordinary ability (EB-1) and for advanced degree professionals whose immigration is in the national interest (EB-2) (the national interest waiver (NIW)).

Employment based immigration is subject to a per-country limit and is divided into 'preference categories', favoring those with more sophisticated training, expertise, and skills.  The first preference employment based category (EB-1) includes aliens of extraordinary ability, outstanding researchers and professors, and multinational executives and managers. The second preference category includes professionals with advanced degrees and aliens of exceptional ability in science, art, or business (applying through PERM or the National Interest Waiver); the third preference category includes professionals with bachelors' degrees, and skilled workers with a minimum of two years of training.

To distribute immigrant visas fairly, the Visa Office in the Department of State allocates green cards according to the preference category and the date the petition was filed.  Both the preference category and the filing date, known as the priority date, are of primary importance in light of the green card backlogs.  A backlog means that there is a waitlist for green cards in the relevant preference category.  Since 2005, there has been a multi-year backlog for all foreign nationals applying under the employment based third preference (EB-3), and for Chinese and Indian nationals applying under the employment based second preference (EB-2).

The purpose of this website is to provide basic information on qualifying in the higher preference categories, and on the multitude of tangential issues that arise throughout the permanent residence process.  This includes what to know about maintaining a nonimmigrant status, issues relating to J-1 visas, as well as background on the PERM process.

Suzanne B. Seltzer heads up the firm's EB-1 practice team. Suzanne has lectured extensively and written numerous articles on EB-1 and EB-2 petitions, and has successfully represented hundreds of individuals over the last sixteen years.  Suzanne currently chairs AILA's USCIS Liaison Committee, and in that capacity, drafted AILA's comment to USCIS on its EB-1 policy memorandum and RFE template.

The firm's EB-1 practice team works closely with individuals to prepare a petition that clearly reflects how their achievements meet the EB-1 and/or EB-2 regulatory standards.  The end result is the filing of an EB-1 and/or EB-2 petition with substantial documentation. We also counsel individuals on filing more than one petition, and on the advantages and disadvantages of concurrent filing of the I-140, Immigrant Petition for Alien Worker, and the I-485, Application to Register as a Permanent Resident.

 

 
     
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