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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Vaibhav Singh
Vaibhav Singh
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Tony Montana
Tony Montana
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Vishnu Prashanth
My deepest gratitude for the outstanding support and guidance I received during the visa extension and stamping process. Davidson Law Group team, and particularly Leyla, went above and beyond to ensure a smooth and successful experience.Navigating visa-related matters can be daunting, but with Leyla's assistance and the overall support from your firm, I felt confident and well-informed throughout. Leyla provided tremendous support at every step, answering my queries promptly and offering valuable insights that significantly eased the process. The meticulous attention to detail and personalized service I received have left a lasting impression.I am truly grateful for the exceptional service provided by the Davidson Law Group. The team's commitment to client satisfaction and expertise in immigration matters have undoubtedly made a significant impact on my journey.Thank you once again for your invaluable assistance. I look forward to recommending your services to others in need of legal guidance.
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Harsimran Kaur

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.


  • 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