Obtaining an EB-1 Visa

The EB-1 Visa Filing Process

The first step to applying for an EB-1 Visa is to prepare and file an I-140 petition with the United States Citizenship & Immigration Services (USCIS). The typical time for USCIS to process an EB-1 visa is 4-6 months. If approved, USCIS can take 3-5 months to issue your green card.

After your application is submitted, one of the following will happen:

• USCIS approves your petition
• USCIS issues a Request for Evidence (RFE) challenge or Notice of Intent to Deny (NOID)
• USICS denies your petition

USCIS challenges a significant number of cases by issuing Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). While no amount of effort can guarantee avoidance of an RFE and NOIDs given the high percentage of USCIS issuance of such challenges, we seek to anticipate what areas a USCIS officer might be inclined to attack an EB-1 case. We then build the case in a fashion that anticipates such challenges and will be likely to withstand it.

Ways we anticipate areas a USCIS officer might attack an EB-1 case include:

• We critique a client’s evidence and will advise clients in some instances that submission of documents that the client may be proud of, such as student awards, may in some instances backfire by focusing attention on their elite status as a student, not as a professional researcher.
• In other instances, we may provide suggestions regarding opportunities a client may have to acquire and submit additional evidence of their credentials that may improve their odds.

Steps to Take After Your Visa Approval

Once your I-140 petition has been approved, Hammond Law Group can help you file the I-485 permanent residence application.

USCIS now requires in-person interviews for all I-140 based adjustment of status interviews, at which time the USCIS officer will review your application and ask you additional questions. Your immigration attorney can help you prepare for this interview.

Although the process of applying for and obtaining an EB-1 is long and complex, our attorneys value your time and take your case seriously. We are focused on helping you increase the likelihood of success for your case so that you can start the next chapter of your life.