EB-1 Visa Lawyer in Austin, TX

What Is an EB-1 Visa? 

The EB-1 visa is the first-preference employment-based immigrant visa, designed for individuals who are considered “priority workers” due to their exceptional ability and achievement. It is widely regarded as the most prestigious and efficient route to a green card for top-tier professionals.

Here are the powerful advantages that make the EB-1 the premier choice:

• No Labor Certification Required: Skip the lengthy PERM labor certification process required for EB-2 and EB-3 visas. This provides a direct path to permanent residency, saving you months or even years.
• Faster Final Processing (No Visa Backlog): For most applicants, EB-1 priority dates are current, meaning there is no backlog. You can proceed to the final green card stages immediately after your petition is approved.
• Control Over Your Future (EB-1A): Applicants for Extraordinary Ability can self-petition without an employer, giving you complete professional flexibility and control over your immigration journey.
• Expedited Review Available: With Premium Processing, you can get a decision on your I-140 petition in just 15 calendar days, which is perfect when certainty and speed are essential.‍
• Keep Your Family Together: Your spouse and unmarried children under 21 can obtain green cards as derivatives of your petition.
  

While these benefits are significant, the standards for an EB-1 petition are the most stringent in U.S. immigration law. At Nanthaveth & Associates, our Austin EB-1 visa attorneys are skilled in translating and explaining complex technical careers into the precise legal arguments USCIS demands. We don't just file paperwork. We help you build the compelling narrative of your success.

EB-1A: Extraordinary Ability Green Card

The EB-1A category is for individuals who have demonstrated extraordinary ability in their field, supported by sustained national or international acclaim. You can self-petition for an EB-1A visa, as employer sponsorship is not required.

You must meet at least 3 of these 10 criteria:

• Receipt of nationally or internationally recognized prizes or awards for excellence.
• Membership in associations requiring outstanding achievement as judged by recognized experts.
• Published material about you in professional publications or major media.
• Participation as a judge of the work of others in your field.
• Original scientific, scholarly, artistic, athletic, or business contributions of major significance.
• Authorship of scholarly articles in professional journals or major media.
• Display of your work at artistic exhibitions or showcases.
• Performance in a leading or critical role for distinguished organizations.
• Command of a high salary or significantly high remuneration.
• Commercial success in the performing arts.

EB-1B: Outstanding Professors and Researchers

The EB-1B category recognizes professors and researchers whose groundbreaking work has earned international acclaim in their academic fields. This path requires a job offer from a U.S. university or qualifying research institution.

You must meet at least 2 of these 6 criteria:

• Major prizes or awards for outstanding achievement in your academic field
• Membership in associations requiring outstanding achievement
• Published material in professional publications written by others about your work
• Participation as a judge of others' work in your field or allied fields
• Original scientific or scholarly research contributions
• Authorship of scholarly books or articles in international circulation

Additional requirements for obtaining an EB-1B visa:

• At least 3 years of experience in teaching or research
• Pursuing a tenure-track or comparable research position
• Employer must have at least 3 full-time researchers

Note: You need a permanent job offer from a U.S. employer, which could be a university or a qualifying private institution.

EB-1C: Multinational Managers and Executives

The EB-1C provides a direct path to permanent residency for executives and managers of multinational companies. This category is ideal for high-level employees transferring to a U.S. branch, subsidiary, or affiliate.

The petition must show that you:

• Employed abroad by the company for at least 1 year in the past 3 years
• Coming to the U.S. to continue service in an executive or managerial capacity
• A U.S. company must have been doing business for at least 1 year
• Must have a qualifying relationship between foreign and U.S. entities

Executive Capacity includes:

• Directing the management of the organization
• Establishing goals and policies
• Exercising wide latitude in discretionary decision-making
• Receiving only general supervision from higher executives or the board

How Can Nanthaveth & Associates Help with an EB-1 Visa Application

Navigating the EB-1 visa process can feel overwhelming, but our EB-1 visa lawyers are here to guide you every step of the way:

Step 1: Free Initial Consultation & Eligibility Assessment

We begin with a comprehensive review of your achievements, career trajectory, and immigration goals. Our attorneys will assess which EB-1 category best fits your qualifications and provide an honest evaluation of your case strength.

Step 2: Strategic Case Development & Evidence Collection

We create a customized strategy tailored to your unique accomplishments. Our team provides a detailed evidence checklist and helps you gather the strongest possible documentation, from award certificates to recommendation letters from industry leaders.

Step 3: Crafting Your Compelling Petition

This is where our advanced knowledge and skill truly shine. Our EB visa attorneys don't just list your achievements. We weave them into a powerful narrative that demonstrates why you meet the extraordinary ability standard. Every word is carefully chosen to maximize impact.

Step 4: Filing with USCIS (Form I-140)

We meticulously prepare and file your I-140 Petition for Alien Worker, ensuring every document is formatted correctly and every requirement is met. We handle all communication with USCIS and keep you informed at every step.

Step 5: Responding to Requests for Evidence (if needed)

If USCIS requests additional evidence, our experienced team crafts comprehensive responses that address their concerns decisively. Our RFE response rate is exceptional because we anticipate and preempt common issues.

Step 6: Adjustment of Status or Consular Processing

Once your I-140 is approved, we guide you through either adjustment of status (if you're in the U.S.) or consular processing (if abroad). We prepare you thoroughly for interviews and ensure smooth processing.

Step 7: Green Card Issuance

Congratulations! You and your eligible family members receive permanent resident status. But our relationship doesn't end here, as we remain available for any future immigration needs.

Why Choose Nanthaveth & Associates as Your Austin EB-1 Visa Attorney?