EB-1 Visa Lawyer in Aurora
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Your Path to Employment in the U.S.
Skilled individuals with exceptional achievements in business, science, the arts, or academia have the opportunity to apply for U.S. immigration through the EB-1 visa.
This pathway offers a direct route to permanent residency but comes with strict eligibility requirements and a lengthy, complex application process.
As EB-1 visa lawyers in Aurora, we’ve spent years guiding applicants through their visa applications such that their case is presented clearly to the U.S. Citizenship and Immigration Services (USCIS).
Read on to learn what EB-1 visa lawyers are, how they work to help you with immigration, and how to select one as your dedicated legal provider.
What Is an EB-1 Visa Lawyer?
An EB-1 visa lawyer in Aurora is a legal professional who specializes in helping clients apply for and secure employment visas, one of the most prestigious employment-based visas in the U.S. immigration system.
The EB-1 visa is a first-preference employment-based visa for individuals with exceptional achievements.
It will help you with the following:
- Reviewing achievements to determine if your employees meet the eligibility criteria for an EB-1 visa
- Creating a legal strategy to highlight employee accomplishments in a way that aligns with the USCIS guidelines
- Assisting in the collection, organization, and presentation of evidence to support your case
- Responding to USCIS inquiries, such as Requests for Evidence (RFEs), and advocating on your behalf through the visa application process
Types of EB-1 Visas
The EB-1 visa is divided into three subcategories:
- EB-1A visa. This is reserved for individuals who can demonstrate sustained national or international acclaim and recognition for their expertise in science, arts, education, business, or athletics. Applicants must provide evidence of either a one-time major achievement (e.g., a Nobel Prize) or meet at least three of ten specified criteria, including receiving awards, published work about their achievements, or membership in prestigious organizations.
- EB-1B visa. This caters to academics and researchers who have demonstrated international recognition for their contributions. Applicants must have at least three years of experience in teaching or research and an offer of employment from a U.S. institution or research organization.
- EB-1C visa. This one is for executives and managers who are being transferred from a foreign branch of a multinational company to a U.S. office. The applicant must have been employed in a managerial or executive capacity for at least one year within the past three years before transferring to the U.S.
What to Look for in an EB-1 Visa Lawyer Aurora
The right EB-1 visa lawyer will secure your employee’s path to U.S. permanent residency. Since this type of visa has strict eligibility requirements, you need an experienced and competent attorney to defend your case.
The ideal EB-1 visa lawyer in Aurora should have the following qualities:
- It goes without saying that they should have extensive experience with EB-1 applications, particularly in the subcategory that applies to you (EB-1A, EB-1B, or EB-1C) along with a track record of successful cases.
- Since the EB-1 application process is quite long, your lawyer should be responsive and keep you updated on the progress of your case. They must also be available to answer your questions and address any concerns that arise.
- The lawyer should be transparent about timelines, case strategies, and potential obstacles that relate to your case.
- They should have a track record of appealing or reapplying for cases that were initially denied.
- The lawyer should demonstrate ongoing education and training in immigration law through memberships in professional organizations like the American Immigration Lawyers Association (AILA) and regular participation in immigration law conferences and workshops.
- A reputable lawyer should provide a clear and transparent fee structure with information on additional costs (e.g., government filing fees and expert witness fees).
How Long Does the EB-1 Visa Process Take?
The USCIS takes 6-12 months to process an EB-1 visa under regular processing. However, applicants can opt for premium processing, which expedites the decision within 15 calendar days for an additional fee.
If USCIS issues a Request for Evidence, you need an additional few weeks to gather and submit the requested documents. USCIS then takes additional time to review your response and make a decision.
After your I-140 petition is approved, the EB-1 lawyer helps you apply for either:
- Adjustment of Status (Form I-485). If your employee is already in the U.S., it takes 6-12 months, depending on USCIS processing times. In some situations, it can take years depending on the visa bulletin date.
- Consular Processing. If your employee is outside the U.S., the U.S. embassy or consulate takes several months to schedule their visa interview.
How to File a Successful EB-1 Visa Application
Building a strong EB-1 visa application requires strategic preparation and careful documentation.
When preparing your employee’s case, focus on creating a compelling narrative that clearly demonstrates their impact on your industry. Start by documenting their leadership roles in key projects, innovative contributions, and any patents or proprietary processes they’ve developed.
Letters of recommendation also carry significant weight — seek input from recognized experts in your industry who can specifically address your employee’s contributions and their importance to your field. These letters should highlight concrete examples and measurable impacts.
When presenting evidence of your employee’s achievements, organize materials chronologically and thematically. This might include press coverage, industry awards, conference presentations, and documentation of any proprietary technologies or methodologies they’ve developed.
Finally, remember to quantify impact wherever possible — include metrics like revenue growth, efficiency improvements, or team size managed to strengthen your case.
What Happens if Your EB-1 Application Is Denied?
When USCIS denies an EB-1 petition, it issues a Notice of Denial that explains the specific reasons behind the decision. An experienced EB-1 lawyer will review this notice to determine which eligibility criteria were not met or whether there were issues with the evidence provided.
Depending on the circumstances, they help you with:
- Filing a Motion to Reopen or Motion to Reconsider with USCIS. These motions request that USCIS review your case again based on new or additional evidence (Motion to Reopen), or a legal argument that USCIS made an error in applying immigration law (Motion to Reconsider).
- Appeal to the Administrative Appeals Office (AAO). An appeal involves presenting a legal argument to challenge USCIS’s decision.
- Reapplying with a new petition by addressing the weaknesses identified in the denial.
Our EB-1 Visa Application Process
The visa application process with Birch Grove Immigration begins with a comprehensive consultation to understand your prospective employee’s background, achievements, and immigration goals. During this session, our EB-1 lawyer evaluates their eligibility for the appropriate EB-1 category and provides honest feedback on their chances of success.
Once we confirm your eligibility, we work with you to gather all necessary evidence, such as awards, publications, reference letters, and employment contracts. We ensure that your employee’s documentation is well-organized and aligns with USCIS requirements.
Our team of lawyers then prepares Form-140 for your EB-1 petition where we draft a strong legal argument to highlight their qualifications. We complete and file all required forms and supporting documents with USCIS)
If USCIS issues a Request for Evidence, we promptly respond by providing additional documentation and clarification. Our proactive approach minimizes delays and maximizes your chances of approval.
Once your petition is approved, we guide your employees through applying for an Adjustment of Status or consular processing. We also provide ongoing support to address any follow-up questions or requirements.
Why Choose Birch Grove Immigration
At Birch Grove Immigration, we understand that applying for an EB-1 visa is a life-changing journey for global talent for which you need a trusted legal partner.
Our firm specializes in EB-1 visa applications and has a deep understanding of the strict eligibility criteria set by USCIS. We take a personalized approach to every case to ensure that your employee’s achievements and qualifications are presented in the strongest possible way.
What sets us apart is our commitment to communication, professionalism, and empathy. We know how stressful the immigration process is, and we are here to guide you with clarity and support. We stay on top of USCIS procedures and immigration law changes to provide you with the most up-to-date legal advice.
What’s more, we have helped clients from diverse industries, including academia, business, science, athletics, and the arts, achieve their U.S. residency goals.
Contact Birch Grove Immigration today so we can help turn your employees’ accomplishments into a pathway to permanent residency in the U.S.