EB1B VISA – DLG

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.

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Raj Phadke

I want to personally thank Davidson law group for helping me through my immigration journey. Clear and honest communication from their representatives is what made my immigration process hassle free.

Kai-Wen Yang

Appreciate the Davidson Law Group for helping me secure approval for my H1b visa. The paralegal working with me was very responsive in answering the questions I had (usually always responded to my messages the day of my inquiry) and the answers were always detailed and professional. Would recommend working with the law group!

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Excellent immigration team!

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Liviu Mosnoi

I had an amazing experience with Davidson Law Group for my immigration case. Their team was incredibly professional, knowledgeable, and attentive, making the entire process smooth and successful. I highly recommend them to anyone needing expert immigration legal support.

Chinmay Warang

To the entire Davidson Law Group team, thank you so much for all the support during the past three years of my immigration journey in the US. They were especially supportive and responsive to all my queries about the different visas and were always prompt and kind. I especially appreciated it when Leyla got back to me beyond working hours on a Friday with, "Congratulations, your H1B has been picked." It definitely made my and my close ones' weekend a tad better. I would recommend them for sure just because I appreciated their humane approach to all of their cases. Kudos to all of you.