Click Here For A Consultation

EB-1B Visa Frequently Asked Questions

What is the EB-1B visa for?

The EB-1B visa category is for outstanding professors and researchers who want to become lawful permanent residents (green card holders) in the U.S. and continue their work in academia or research.

What are the main criteria for the EB-1B visa?

To qualify for the EB-1B visa category, you must demonstrate that you have outstanding accomplishments and recognition in your academic or research field. This typically includes evidence of significant research contributions, publications, awards, and a history of teaching or research.

Do I need a job offer to apply for an EB-1B visa?

Yes, you need a job offer from a U.S. employer (usually an academic institution or research organization) to apply for the EB-1B visa.

Can I include my family members in the EB-1B application?

Yes, you can include your spouse and unmarried children under 21 in your EB-1B application. They can obtain green cards as derivative beneficiaries.

How long does the EB-1B visa application process take?

Processing times vary. Using regular processing it generally takes 3 to 4 months to receive a decision on your EB-1B petition. If you apply using premium processing USCIS will make an initial decision on the case in 15 days.

Can I apply for an EB-1B visa while in the U.S. on a different visa status?

Yes, you can apply for an EB-1B visa category while in the U.S. from a different visa status, such as an H-1B, L-1 or another valid visa category, as long as you have not entered using the ESTA program.

Can I apply for permanent residency (a green card) directly with the EB-1B visa?

Yes, the EB-1B visa category is an employment-based immigrant visa category that leads to lawful permanent residency (a green card) without the need for a labor certification.

Can I work for any employer in the U.S. with an EB-1B visa?

Initially, your EB-1B visa category is tied to your sponsoring employer (the academic institution or research organization that offered you a job).

Can I travel outside the U.S. while my EB-1B petition is pending?

Yes, you can travel while your petition is pending, as long as you are in lawful non-immigrant status and have a valid visa to re-enter the United States.

Can I apply for an EB-1B visa if I work in industry or for a private company, or does it have to be in academia or research institutions?

While the EB-1B visa is commonly associated with academia and research institutions, it is not limited to these sectors. It is available to individuals in both private and public research settings who can demonstrate outstanding accomplishments in their field.
Davidson Law Group, P.C.
Excellent
Davidson Law Group, P.C.
4.9
Based on 73 reviews
See all reviews
review us on
Rishabh Chaudhry
Rishabh Chaudhry
Phenomenal Service each step of the way with great communication from Davidson Team. Recommend using them if you want the process to be hassle free.
Response from the owner: Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
Alisha McCarthy
Alisha McCarthy
Response from the owner: Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
Utkrisht Yadav
Utkrisht Yadav
Been working with DLG team for over 5 years and they helped me and wife through multiple applications for H1B, I-140, H4, and 485/AOS. Throughout the whole team has been an absolute pleasure to work with, they know all the immigration rules and complexities and guided us through many situations. Always felt we are in good hands.
Response from the owner: Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
Gurbani Singh
Gurbani Singh
Very professional, highly knowledgeable and seamless to work with. Had a great experience working with Dana, Leyla and rest of the team.
Response from the owner: Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
Yitong Li
Yitong Li
Amazing team of lawyers. Doing everything they could to help the clients. Very thorough and client centered
Response from the owner: Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
Dr. Metehan Imamoglu
Dr. Metehan Imamoglu
I had the chance to meet Dana and her team after a very unpleasant experience with another attorney during my O-1 visa petition. Their expertise, dedication and attention to detail were so evident from the very beginning. I truly felt I was in the best hands. Thank you again for your hard work and commitment.
Response from the owner: Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
js_loader
Facebook Instagram Linkedin-in Tiktok Twitter

Dana Davidson - Full Bio

Dana T. Davidson holds degrees from the Benjamin N. Cardozo School of Law and State University of New York at Stony Brook and has been practicing immigration law since 2003 in New York and nationwide. She represents corporations, individuals, and families in a broad range of immigration matters. Attorney Davidson has offices in New York City and Glen Cove.
 

Education

  • Benjamin N. Cardozo School of Law, Yeshiva University, New York, New York
  • Juris Doctor – 1988
  • Honors: Moot Court Board, Member, Judge
  • State University of New York at Stony Brook, Stony Brook, New York
  • Bachelor of Arts – 1982
  • Major: Political Science
  • Concentration: Business


Pro-Bono Activities

  • Safe Passage Project, Volunteer Attorney, 2013-Present
  • Educating the Educators, Founder, 2012-Present
  • Momentum Project, Board Member, 1991-1994 Bar Admission
  • New York, Eastern District
  • New York, Southern District
  • Washington, D.C.

Speaking Engagements
 
  • AILA RDC-EMEA Spring Conference 2018, Berlin, Germany, Speaker on “Public Charge” panel
  • AILA RDC-EMEA Fall Conference 2018, Johannesburg, South Africa, Speaker: “Practice Management in the New Age” panel
  • AILA RDC-EMEA Spring Conference 2018, Madrid, Spain, Speaker: “El Traje de Luces: Self-Sponsored Petitions – EB-1A and NIW”  AILA RDC-EMEA Spring Conference 2017, Brussels, Belgium, Speaker: “Continuing Blanket L Challenges”
  • Safe Passage Project, March 2017, Speaker: “Representing Unaccompanied Minors: Special Immigrant Juvenile Status and the Effects of President Trump’s Executive Orders on Immigration”
  • AILA RDC-EMEA Fall Conference 2016, Speaker: “It’s Not About Money: I-864”
  • AILA RDC-EMEA Spring Conference 2016, Vienna, Austria, Speaker: “K-Visa: Differences Between K-1 and I-130 Processing”
  • New York Institute of Technology’s Center for Entrepreneurship, January 2016, Entrepreneur/Executive-in-Residence
  • AILA Fall Conference 2015, London, UK, Speaker: Impact of joint sponsors on family-based cases
  • Goldman-Sachs 10,000 Small Business Education Program, October 2014, “What is required to grow a business?”
  • Dowling College, May 2013, Keynote Speaker at the first annual Latino Summit at Dowling College
  • International Taxation Conference, 2010