To qualify, you must either,

1. provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal).

Or

1. Satisfy at least 3 out of 10 official criteria and also demonstrate through a final review that you have risen to the very top of your field — not just that you are skilled or competent.

In addition, you must provide evidence showing that you will be continuing to work in the area of your expertise. No offer of employment or labor certification is required.

The 10 official criteria are:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Membership in associations in the field that demand outstanding achievement of their members
  
• Published material about the petitioner in professional or major trade publications or other major media
• Participation as a judge to evaluate the work of others, either individually or on a panel
• Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Authorship of scholarly articles in professional or major trade publications or other major media
• Evidence of displaying the petitioner's work at artistic exhibitions or showcases
• Performing a leading or critical role in distinguished organizations
• Commanding a high salary or other significantly high remuneration from others in the field
• Evidence of the petitioner's commercial successes in the performing arts.

The EB‑1A visa allows you to obtain permanent residency without an employer sponsor or a labor certification, and it generally offers a faster processing time compared to other green card categories.

Yes, you can.

Form I‑485, Application to Register Permanent Residence or Adjust Status, is the form you use to apply for a Green Card if you are already in the United States and want to become a lawful permanent resident.

You must be physically present in the United States to file this application.

Additional eligibility requirements for adjustment of status may vary depending on the immigrant category in which you are applying.

If you are outside the United States, you can apply for an immigrant visa at a U.S. Consulate or Embassy. This process is called “Consular Processing” and allows you to come to the U.S. and be admitted as a permanent resident.

Yes, if your EB-1A petition is approved, you can bring your family with you to the U.S. Your spouse and unmarried children under 21 years old are eligible to apply for visas as dependents. They will go through a similar immigration process as you, which includes submitting forms, attending an interview, and completing medical exams. Once approved, they can join you in the U.S. under the appropriate dependent visa status.

Yes, if your EB-1A petition is denied or rejected, you can file again. There are no restrictions on the number of times you can file an EB-1A petition, and each application is evaluated as a new case. However, it is crucial to understand the reason for the initial denial and address those issues in your subsequent filing.

There is no specific waiting period to refile an EB-1A petition after a denial or rejection. You can refile as soon as you are ready, provided you address the reasons for the previous denial and strengthen your case with new or additional evidence. Id.

Yes, the applicant or Form G-28 representative can send a letter directly to USCIS requesting withdrawal of the I-140 petition.

The EB-1 category includes three subcategories—EB-1A, EB-1B, and EB-1C— each tailored to different professional profiles. Here's how they differ:

• EB-1B (Outstanding Professors and Researchers): This category is for academics who have international recognition in their field and at least three years of teaching or research experience. Unlike EB-1A, EB-1B requires a permanent job offer from a U.S. university or qualifying research institution. You must also show evidence of academic achievement and contributions to the field.
  
• EB-1C (Multinational Executives and Managers): This category is designed for high-level managers or executives who have worked for a foreign affiliate of a U.S. company for at least one year within the last three years. To qualify, the applicant must be transferring to a U.S. branch of the same employer in an executive or managerial capacity. EB-1C requires a valid job offer and does not allow self-petitioning.

Both EB-1A and O-1 visas are intended for individuals with extraordinary ability.

However, the O-1 is a temporary non-immigrant visa, while EB-1A is an immigrant visa that leads to a green card. The O-1 requires a U.S. employer to sponsor the beneficiary for a specific event or job, whereas EB-1A allows self- petitioning. Additionally, EB-1A requires more substantial evidence of sustained acclaim and major contributions to the field.

EB-1A does not require a PERM labor certification or a permanent job offer, which significantly reduces processing time. In contrast, the PERM-based EB-2 requires a U.S. employer to conduct a labor market test to prove that no qualified U.S. workers are available for the position. This makes the EB-2 process more employer-dependent and time-consuming. EB-1A offers greater flexibility and independence for highly accomplished individuals.

Generally, EB-1A is faster and more advantageous because it is in the first- preference category, which typically has current priority dates and does not require a labor certification. NIW falls under the second-preference (EB-2) category, which may be subject to longer waiting periods depending on the applicant’s country of chargeability. However, EB-1A has a higher evidentiary standard, making it more difficult to qualify than NIW.

Yes, but only if the membership is selective and based on outstanding achievements. Simply paying dues is not enough; you must show that admission is based on outstanding accomplishments in your field. The membership must be exclusive and limited in number and must be judged by national or international experts in the field. Furthermore, the membership must be at national or international level, unlike regional level.

In cases of IEEE, ACM etc. organisations, only fellow level membership fulfills the threshold of such selectiveness and exclusiveness.

Yes. A PhD is not required. What matters is the evidence of extraordinary ability, such as winning nationally or internationally recognised awards, patents, leading or critical roles, media coverage, authorship of research articles in major journals, judging the works of others in your field, original contributions that have significantly impacted your field, membership in professional organization or high salary.

USCIS recognizes emerging fields, but you must still show national/international acclaim, evidence that your contributions are significant and recognized and that the emerging field has current or future significance in the USA or around the world.

Yes, if you can show your role is critical, your impact is substantial, and your company’s work has national or international recognition, such as winning national or international awards, dealing with companies which are highly reputed, funding, market reach, innovation, or media exposure. Letters and performance metrics can strengthen your case.

Yes, if your prior field is clearly related and you still work in the same general area of expertise (e.g., physics → quantum computing, journalism → digital media). The EB-1A requires evidence of sustained acclaim in your field of endeavor, which must align with your current or intended work.

Not directly. Academic performance is not a listed criterion.

No. There is no minimum number of years of experience required for an EB-1A petition. What matters is the quality and significance of your achievements, not the length of your career. Some individuals qualify with under 10 years of experience if they can demonstrate extraordinary ability and sustained national or international acclaim.

No. Unlike the EB-5 visa, the EB-1A does not require any investment in a U.S. business or economy. EB1A is based solely on your extraordinary ability and accomplishments in your field. No job offer, employer sponsorship, or financial investment is necessary.

Yes, but you must include a certified English translation. The media source should still be reputable and ideally recognized in its region or field.

Yes, in some cases, especially for artists, influencers, musicians, or content creators. You must demonstrate significant reach, popularity, and impact. Include metrics (views, subscribers, press mentions) and show why your work is considered prestigious.

They can support claims of a critical role or original contribution, but internal awards alone usually don’t qualify as “nationally recognized prizes.” However, with context (e.g., competitive selection, scale of impact), they can strengthen your case.

Letters are required compulsorily for (i) Membership in Association, (ii) Original contributions of major significance, and (iii) Leading/Critical roles in a Distinguished Organization criterion.

Other than that, we might need a recommendation or appreciation letter for other depending on the availability of information.

They should come from independent experts, supervisors, collaborators, or respected professionals in your field based on the criteria. For example, a recommendation letter from a direct superior in the organization is a good evidence of the critical or leading role if it specifies the significance of the organization or project, your role, why your role was “leading” or “critical”, concrete outcomes tied to your leadership (funding, revenue, growth, influence). 

On the other hand, an independent recommendation from an industry expert will be impactful in proving your original scientific, artistic or scholarly contributions.

Yes, as long as they provide specific, detailed, and verifiable examples of your contributions and their impact. Peers are useful if they can credibly explain your technical or artistic achievements.

There is no specific number. For one critical role 3-4 recommendation letters are enough. For one original contribution, at least one LoR is needed but you may add as many as you can.

Yes, as long as you’re listed as an author and can show your individual contributions were substantial. Lead or first authorship strengthens the case, but even secondary authorship is valid if your role was significant.

• Form G-1145 (E-Notification of Application/Petition Acceptance)
• Signed and dated Form I-140 (Immigrant Petition for Alien Worker)
• Form I-907 (Request for Premium Processing Service) — only if requesting premium processing
• Signed and dated Forms I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization), and I-131
  

(Application for Travel Document) — if physically present in the U.S. and filing concurrently with Form I-140. Source

• Concurrent filing cannot occur in consular processed cases, because the immigrant petition is filed with USCIS and the application for an immigrant visa is filed with the Department of State. Therefore, concurrent filing is only available for an applicant who is physically present in the United States and requesting to adjust to lawful permanent resident status (becomes a Green Card holder). Source
• However when filing together, it is recommended not to combine the supporting documents. Source

• Yes, you can file an EB-1A petition online with USCIS. You will need to create a USCIS online account to access the online filing system. Source

• After you file your EB-1A petition (Form I-140), USCIS will:
• Issue a Receipt Notice (Form I-797C) confirming they received your petition.
• Review the petition and supporting evidence to determine eligibility.
• If using premium processing, a decision (approval, RFE, or denial) is typically made within 15 calendar days.
• If using regular processing, the decision can take several months to a year, depending on USCIS workload.
• USCIS may issue a Request for Evidence (RFE) if more documentation is needed.
  
• If approved, you can proceed to adjust status (if in the U.S.) or go through consular processing (if outside the U.S.) to obtain your green card.

• Yes, even if your petition is approved and you are already in the United States, you may still be required to attend an interview with USCIS. While USCIS may waive interviews for certain adjustment of status applications, they generally require the petitioner (if applicable) and the beneficiary to appear for an interview. Whether or not an interview is required is determined on a case-by- case basis by USCIS. Source

• For the Form I-140 (EB-1A petition), our firm typically requires up to 60 working days from the date we receive all necessary documents and information from the client. Once the I-140 is approved (or concurrently filed if applicable), we take approximately 14 working days to prepare and file the Form I-485 (Adjustment of Status) or DS-260 (Immigrant Visa Processing), depending on whether the applicant is in the U.S. or abroad. Source

• Breakdown of all fees related to I-140:

$8,250 Attorney Fee (Initial Installment: $2,500) + $715 USCIS Fee + $2,805 USCIS Fee for Premium Processing (Optional) +FedEx Fee (as applicable); and

$300 Reduced USCIS fee for Asylum program. For details, please visit this page.

Yes, Premium Processing is available for I-140 petition for $2,805 additional payment to the USCIS. Source

Yes. If a petitioner has already filed Form I-140 and he/she wishes to request Premium Processing Service, file Form I-907 with the Service Center where the Form I-140 is pending. Source

Once your EB-1A petition is approved, what comes next depends on where you are located and your immigration status.

• If you're currently in the United States: You can apply for a green card by submitting Form I-485 to adjust your status. This process allows you to switch from a temporary visa to permanent residency. If your EB-1A petition and I-485 were filed together (known as concurrent filing), then you’ll just wait for the outcome. If not, you can go ahead and file the I-485 after the petition is approved.
• If you're outside the United States: Your case will move to the National Visa Center (NVC), which will guide you through the consular process. This includes filling out Form DS-260 and scheduling a visa interview at the U.S. consulate or embassy in your country. You'll also need to complete a medical exam with an approved doctor. If everything goes well, you’ll be issued an immigrant visa, and once you enter the U.S., your green card will be mailed to you.
• For your family members: If you have a spouse or children under 21 who were included in your petition, they can also apply for green cards. If they’re in the U.S., they can go through adjustment of status. If they’re abroad, they’ll follow the same consular process.
• Receiving your green card: Once your status is adjusted or you arrive in the U.S. with your immigrant visa, USCIS will send your physical green card to your address. This final stage officially grants you lawful permanent resident status.

• RFE: Request for more evidence—common.
• NOID: Notice of Intent to Deny—serious call for rebuttal.
• Skilled legal responses typically resolve RFEs/NOIDs. If not, denial is possible.

We do not charge extra money from our EB-1A retained clients. However, in case of any external RFE, we charge a total fee of $3500.

We take 15 working days to prepare your RFE Response after receiving all the required documents.

Yes, it is.

The petitioner’s case will be denied.

The common reasons are:

• Weak documentation.
• Lack of proof of sustained national or international acclaim.
• Evidence provided is too general (e.g., unspecific media coverage, low- impact awards)
• Unviable Final Merits and Future Plans

No, they do not.

No, we do not.

You must continue working in the same field or area of expertise listed on your approved EB‑1A petition. Switching to an unrelated field may result in denial of your green card application or future compliance issues. Source

No, changing jobs after EB-1A approval is generally fine, as it's a self- petitioned category not tied to a specific employer. Just ensure your work continues in your field of extraordinary ability.

You must have Advance Parole (Form I‑131) approved before you leave the U.S. If you travel without it, USCIS will consider your I‑485 abandoned and may deny your green card application.

• Lack of Compelling Evidence: Submitting an application without strong, well- organized documentation of your extraordinary ability is one of the most common reasons for denial. Your evidence must clearly and convincingly demonstrate that you meet at least three of the ten required criteria and have sustained acclaim in your field.
• Generic or Weak Recommendation Letters: Letters that are vague, overly general, or fail to highlight specific achievements undermine the credibility of your petition. It's essential to include detailed, personalized letters from respected experts who can speak directly to the significance of your contributions.
• Applying Without Meeting the Criteria: Some applicants proceed without objectively evaluating whether they truly meet the EB-1A requirements. Filing prematurely or without sufficient qualifications can result in wasted time, resources, and a likely denial.
• Inconsistencies or Errors in the Application: Discrepancies between your petition and supporting documents, even minor ones, can lead to doubts about the authenticity or accuracy of your case. Make sure every part of your application is consistent, factual, and thoroughly reviewed.
• Outdated or Unverified Sources: Relying on articles, publications, or references that lack credibility, verification, or current relevance may weaken your case. Ensure all sources are reputable, accessible, and verifiably tied to your achievements.
• Failure to Seek Legal Guidance: Navigating the EB-1A process without professional help can lead to critical oversights. Consulting an experienced immigration attorney significantly improves your chances by ensuring the petition is properly structured, supported, and aligned with USCIS expectations.
• Overlooking the Importance of Narrative: Simply listing achievements is not enough. A compelling petition should weave your accomplishments into a clear narrative that demonstrates your sustained impact, influence, and standing at the top of your field.

EB-1B is for outstanding professors and researchers with at least 3 years experience in teaching or research in a particular academic field.  who has a job offer with tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer.

Please check below our FAQ sections on the employment and beneficiary eligibility below for further understanding.

EB-1A: No job offer needed; you can apply for yourself if you show extraordinary abilities in fields like science, arts, or business.

EB-1B: Requires an employer to sponsor you if you’re a top professor or researcher in your academic field.

EB-1C: Requires an employer’s sponsorship to bring eligible executives or managers to their U.S. office.

Any foreign national with at least 3 years experience in teaching or research in a particular academic field who has a job offer with tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer can apply for EB-1B visa.

Yes, your U.S. employer must sponsor your petition and offer you a permanent position as a professor or researcher.

While you need a job offer to apply for a EB-1B visa, you do not need a labor certification from DoL.

Unlike EB-1A, EB-1B doesn’t allow self-petitioning. You have to have a job offer and an employer sponsor to file an EB-1B petition for you.

EB-1A allows self-petitioning and requires proof of extraordinary ability in various fields. EB-1B is specific to academia and research, requires employer sponsorship, and has slightly less stringent eligibility criteria.

EB-1A is often preferable since it allows you to self-petition without being tied to a specific employer. EB-1B requires a job offer and employer sponsorship, and changing jobs could affect your petition. Consult an immigration attorney to determine the best option for your situation.

Yes, you can file multiple petitions simultaneously potentially increasing your chance of approval.

Yes, you can file multiple petitions (employment based or family based) and applications (Asylum, DV)  simultaneously potentially increasing your chance of approval.

As a law firm, we don’t provide an employer for EB-1B.

However, we have a sister concern company (Great American Recruiter) that finds employers for interested clients and carries out the full process of EB-1B. You can reach out to them at info@greatamericanrecruiter.com. Please note that the Great American Recruiter has a different pricing structure which is outside our legal fees.

One must meet at least 2 of the 6 criteria.
However, we recommend applying for EB-1B when you can provide enough documentary evidence for at least 3 criteria to minimize potential risk of denial.

Criterion 1: Receipt of major prizes or awards for outstanding achievement in the academic field.
Criterion 2: Membership in associations in the academic field that require outstanding achievements of their members.
Criterion 3: Published material in professional publications written by others about the beneficiary's work in the academic field. Such material must include the title, date, and author of the material, and any necessary translation.
Criterion 4: The beneficiary's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field.
Criterion 5: The beneficiary's original scientific or scholarly research contributions to the academic field.
Criterion 6: The beneficiary’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

At the first step of analysis of an EB-1B case, USCIS checks if the evidence fits one of the six criteria, like publishing scholarly articles or judging the work of others. The focus at this stage is whether the evidence objectively meets the requirements, regardless of its quality or impact.

Meeting two criteria is just the first step of the analysis. USCIS then reviews the quality of your evidence to decide if you are internationally recognized as outstanding in your field.

Yes, a single piece of evidence could potentially satisfy more than one criterion if it meets the requirements for both.

The award you received has to be nationally or internationally recognized. Local awards or scholarships do not meet the threshold. Moreover, a prize won as a team will hold less weight than an award won individually.

Unfortunately, no.

The second criterion of EB-1B requires the membership to be based on your outstanding achievements in the academic field.

Therefore, membership or upgradation based solely on a level of education or years of experience in a particular field or memberships based on the payment of a fee or by subscribing to an association's publications will not qualify as evidence for this criterion.

Materials published by major media outlets which focus on your individual work or achievement will be given more weight by the USCIS.

Unfortunately, no.
Unlike EB-1A, in EB-1B, this criterion requires you to participate as a judge, either individually or in a panel, instead of just being requested or invited to do so.

There is no specific minimum publication requirement; rather, it is determined by USCIS on a case-by-case basis depending on the quality and quantity of the publications. Generally speaking, several publications in major, well-acknowledged journals in the alien’s field would meet one of the six criteria for “Outstanding”.

Yes, frequent citations in high-impact journals are strong evidence of original contributions to your field. Include citation metrics and explain the significance of your work using tools like Google Scholar or Web of Science.

Yes, patents or licenses demonstrating the practical application or commercial use of your research can help establish original contributions to your field.

Possibly. Use expert letters explaining the significance of your work and its potential impact to strengthen your case.

Citations are not mandatory, especially for those early in their career, as other evidence can demonstrate recognition and original contributions in the field.

Yes, if the journals have international circulation and are peer-reviewed, your articles can meet the criterion. Ensure evidence supports the journal’s reach and scholarly reputation.

Comparable evidence refers to alternative documentation submitted when the standard forms of evidence don’t directly apply. It must demonstrate the same level of quality and significance as the original standards outlined by USCIS.

USCIS uses the existing criteria as a guide to determine whether the quantity and quality of your alternative evidence meet the required standard.

The petitioning employer must be a university; an institution of higher education; or a department, division, or institute of a private employer if the department, division, or institute employs at least three persons full time in research activities and has achieved documented accomplishments in an academic field.

Generally, government agencies at federal, state, or local levels don’t qualify unless they are also U.S. universities or institutions of higher learning. Government agencies do not qualify as private employers.

Yes. The position doesn’t need to be academic as long as it involves research and aligns with your expertise. Employers in private industries can sponsor you for EB-1B if your role requires outstanding research in your academic field.

Yes, a pharmaceutical company will be eligible as a private employer.

Likely not, unless your employer can prove that similar positions are typically extended or lead to ongoing roles, reflecting an indefinite duration.

Yes, if your employer shows a track record of renewing grants and a clear intent to seek ongoing funding, it can qualify as a permanent position under EB-1B guidelines.

Yes, it does.

For professors, the determination of tenure or tenure-track status is separate from the “permanent” requirement, which applies only to research positions. Your position qualifies if it meets the tenure-track or tenured criterion.

There is no fixed minimum wage for EB-1B, but the employer must offer a salary consistent with industry standards for professors or researchers in similar roles and geographical locations. Additionally, the employer must prove their ability to pay the offered wage as part of the petition.

They can submit annual reports, federal tax returns, or audited financial statements. If they employ 100 or more workers, a financial officer’s statement may suffice.

If a document is unavailable, they should provide a detailed explanation and submit secondary evidence. For example, if a tax return is missing, they might include bank statements or payroll records. Additionally, an affidavit from a relevant party explaining the circumstances may help support your case. They need to ensure that the explanation clearly outlines efforts to obtain the document and why it is unattainable.

Yes.

No. It can be anywhere in the world, in one or multiple employment, accumulating for 3 years.

To qualify as outstanding, you must show international recognition in your field. This can include publishing in top journals, having high citation rates, working at prestigious institutions, or receiving notable grants or invitations to speak at major conferences.

USCIS evaluates all your evidence together, such as publication quality, citations, professional roles, and the significance of your achievements, to determine if you stand out compared to others in your field internationally.

Technically, yes. If they have a permanent job offer for teaching or researching with an employer’s sponsorship, they can apply for an EB-1B green card.

Switching employers may complicate the process since the EB-1B is tied to the sponsoring employer. However, it might still be possible depending on the case’s stage and the nature of the role change.
In that case, your new employer will need to file a new I-140 petition for your EB-1B visa.

Your I-140 may be approved. But it is highly likely that your I-485 based on the EB-1B I-140 will not be approved since there is no qualifying employer sponsor.
You should choose to file a new petition under any other Employment Based category and retain the priority date of your earlier petition.

You could lose your status if you lose or quit your job that sponsored your EB-1B green card soon after you obtain the green card. Therefore, it is advisable to work with your sponsoring employer for a significant period or file a petition that doesn’t require a job sponsorship.

It depends on the criteria and the other evidence you provide. For EB-1B, LoR is usually required for the Original contribution criterion. The more the quality LoR, the stronger your case is.

Ideally, your recommenders should be recognized experts in your field, such as senior academics, researchers, or industry leaders. At least one letter from someone outside your professional or personal circle strengthens the case for impartiality.

It depends on the case strength, background, petitioner cooperation and whether it is a concurrent filing or not.
However, in our firm, most petitions are submitted within 2 months after we receive all the documents from the petitioner.

For the I-140 petition, regular processing times can vary significantly, often taking several months to over a year, depending on the USCIS service center’s workload. You can check the official USCIS Case Processing Times website for the most current estimates. In case of premium processing, it usually takes 45 calendar days to receive a decision (or an RFE).

Yes, you can only expedite the I-140 adjudication with premium processing by paying an additional USCIS fee of $2,805 and filling the form I-907.
However, there is no premium processing for the I-485 (green card application).

Your petitioner has to file an I-140 petition for you. And if you decide to use premium processing, you must also submit form I-907 with I-140.

If you are inside the USA and adjusting your status, you need to submit I-485. You may also submit an I-131 form with your I-485 if you need to travel outside the US and an I-765 form if you need to have valid work authorization while your green card application is pending. You must submit form I-693, medical examination report with your I-485.

If you are outside the USA, you have to go through the consular processing and complete the DS-260, online immigrant visa application.

In most cases, you can file your I-140 and I-485 concurrently, unless you are not from China or India.

Generally, under the EB-1 category, your priority date is always current, unless you are from China or India, and you can file your green card application anytime.

Generally, the EB-1 category doesn’t have any visa backlog and a visa is always available for this category including EB-1B, except for applicants from certain countries.

Therefore, your priority date is always current, unless you are from China or India, and you can file your green card application anytime.

While your priority date doesn’t mandate when you will be eligible to file your green card application under EB-1, it is still important in terms of receiving interview dates and decisions.

Please check our blog article on Visa Bulletin and Priority date to know more about it.

USCIS doesn’t facilitate installment fee payments in itself.
However, you can pay by your credit card and pay the total fees in equal monthly payments.

Generally, the petitioner pays for the I-140 petition filing fee.
You should check with your employer for any further fees associated, such as the premium processing fees or green card application fees.

Our attorney fee for EB-1B petition is $8420 including any LoRs and RFE/NOID response.
This fee does not include the attorney fee for I-485, green card application. That is a different service and requires a different contract and different fees.

However, these attorney fees are subject to change. Please check our legal fees section for updated information on fees.

Yes, you can.
We offer our clients to pay our attorney fees in monthly payments.

In most cases, you can file your I-140 and I-485 concurrently, unless you are not from China or India.

Yes.
The EB-1B process does not absolve you of this requirement. However, you have to get it before the I-485 application, not before the I-140 process. You can either fulfil the 2-year home residency requirement or get a J-1 waiver anytime before your I-485 application.

It cannot be said with guarantee. The processing time for an I-485 application is often 12 months or more, but it varies greatly based on the USCIS field office, whether an interview is required, and background checks.

Unfortunately, there is no premium processing for the I-485 (green card application).

You can only expedite the I-140 adjudication with premium processing.

It depends on the contract. It may be in the same contract or under a different contract.

However, generally, the sponsor employer or both the employer and beneficiary sign the contract for the first part, the petition. And later only the beneficiary signs the contract for the green card application(s).

It will depend on the initial contract.
You should check with your employer to know who is responsible for the legal fees for green card application.

Our attorney fee for EB-1B based I-485 (green card application) is $1500 including any RFE/NOID response, for the principal applicant and additional $850 for each derivative applicant. Please note, the USCIS fees are not included in this.

For the Green Card application (Form I-485), the USCIS filing fee is $1,440 for each adult applicant. This fee includes the initial application for a work permit (I-765) and travel document (I-131). Note that there will be an additional cost for the medical report (Form I-693) that you must submit with your I-485.

Yes. EB-1B petition allows your family (spouse and under 21 children) to join you as derivative applicants. Their application comes at the second stage, green card application.

To know more about how you can bring your family in the USA, please check our I-485 (green card application) FAQ section.

Yes. $850 for each additional family member when the final stage of the Green Card application is being processed.

After your I-485 is filed, you will receive a receipt notice from USCIS. After that you will get another notice in the mail about your biometrics services appointment, which will be held at a local Application Support Center (ASC). The notice will tell you the date, time, and location of your appointment. And then finally, you will receive another notice for either the approval or in some very limited cases, an interview.

If you adjust your status in the USA, you may or may not have to attend an interview. However, if you are applying from outside the USA, you will have to attend an interview at the US embassy or consulate.

Upon receiving I-485 approval, the applicant is mailed a Permanent Resident Card. The date the Form I-485 is approved becomes the date of adjustment, which in turn determines how soon the newly adjusted Lawful Permanent Resident (LPR) may apply for U.S. citizenship.

If your petition is rejected, it means USCIS has not accepted it or generated a receipt notice due to some filing error. So we correct the error, and file the petition again.

If your petition is denied, you can appeal the decision within 33 days of the notice.

USCIS does not offer refunds for fees paid, even if the petition is denied.

Unfortunately money back guarantee is only for EB-2 NIW self-petitions. Therefore, you cannot avail it for your EB-1B petition.

EB-1C is for executives or managers of international companies who are transferring to a U.S. office. It’s meant for people with leadership roles in their company abroad.

Please check our FAQ sections on the employment and beneficiary eligibility below for further understanding.

EB-1A: No job offer needed; you can apply for yourself if you show extraordinary abilities in fields like science, arts, or business.

EB-1B: Requires an employer to sponsor you if you’re a top professor or researcher in your academic field.

EB-1C: Requires an employer’s sponsorship to bring eligible executives or managers to their U.S. office.

Executives or managers who worked for a qualifying foreign company for at least one year in the last three years and are transferring to a U.S. office of the same company.

Please check our FAQ sections on the employment and beneficiary eligibility below for further understanding.

Yes, your U.S. employer must sponsor your petition and offer you a permanent position as a manager or executive.

While you need a job offer to apply for a EB-1C visa, you do not need a labor certification from DoL.

Your sponsoring employer is the petitioner and they must file a petition on your behalf.

A U.S. company that has a parent, subsidiary, or affiliate relationship with the foreign company where you worked, and has been doing business for at least one year.

Please check our FAQ sections on the employment and beneficiary eligibility below for further understanding.

As a law firm, we don’t provide an employer for EB-1C.

However, we have a sister concern company (Great American Recruiter) that finds employers for interested clients and carries out the full process of EB-1C. You can reach out to them at info@greatamericanrecruiter.com. Please note that the Great American Recruiter has a different pricing structure which is outside our legal fees.

EB-1C doesn’t allow self-petitioning.
You have to have a continuing job or a job offer and a qualifying employer to file an EB-1C petition for you.

Yes, you can file multiple petitions (employment based or family based) and applications (Asylum, DV) simultaneously potentially increasing your chance of approval.

A U.S. company that has a parent, subsidiary, or affiliate relationship with the foreign company where you uninterruptedly worked for at least a year, and has been doing business for at least one year in the USA.

The petitioner or your employer must be an affiliate, subsidiary or parent of the same company you have worked for in a foreign country and as such, your employer must have operations in at least two countries including U.S. The company must have business in the U.S. for at least one year before they file a EB-1C petition for you.

A qualifying relationship exists when the U.S. employer is an affiliate, parent, or subsidiary of the foreign firm, corporation, or other legal entity.

No, you are no longer eligible. Both the foreign and U.S. companies, where you worked, must remain operational and have a continued relationship until your EB-1C visa is issued or your status is adjusted.

Yes, they can sponsor you if your work was in a qualifying managerial or executive role, and you meet other EB-1C requirements. The one-year employment rule applies to the past three years before filing, even if you left the company, provided the company still meets sponsorship criteria.

However, the U.S. entity must have a qualifying relationship with your former employer, and your new role in the U.S. must also meet managerial or executive criteria.

Yes, they can.
For an EB-1C, there has to be a qualifying relationship between the foreign and U.S. entities. A qualifying relationship exists when the U.S. employer is an affiliate, parent, or subsidiary of the foreign firm, corporation, or other legal entity.

Yes, you will. 

Yes, they can, unless it is a sole proprietorship under the non-immigrant owner.

No, the U.S. company must be actively doing business for at least one year before filing an EB-1C petition.

No, branch offices are not separate legal entities and cannot file EB-1C petitions. Sponsorship must come from a qualifying U.S. legal entity.

No, sole proprietorships cannot file EB-1C petitions, since this would be considered an impermissible self-petition.

However, if you own a corporation, instead of a sole proprietorship, your U.S. corporation may file a petition for you.

Yes, technically it can, unless it is enlisted in the USA as a sole proprietorship.

There is no specific salary requirement for EB-1C managers or executives. However, USCIS may question salaries that fall below prevailing wage levels for managerial roles in the area of employment.

Employers should consult the Department of Labor’s Occupational Employment Statistics (OES) database to ensure the offered salary aligns with industry standards for similar positions in the geographic location. The employer must also demonstrate their financial ability to pay the wage.

They can submit annual reports, federal tax returns, or audited financial statements. If they employ 100 or more workers, a financial officer’s statement may suffice.

If a document is unavailable, they should provide a detailed explanation and submit secondary evidence. For example, if a tax return is missing, they might include bank statements or payroll records. Additionally, an affidavit from a relevant party explaining the circumstances may help support your case. They need to ensure that the explanation clearly outlines efforts to obtain the document and why it is unattainable.

A managerial role involves overseeing an organization, department, or key function. You must manage employees (like supervisors or professionals) or an essential function and have authority over hiring, firing, and daily operations.

An executive role focuses on directing a company or major division, setting goals and policies, and making big decisions with minimal supervision. If you are in an executive role, you should not be handling day-to-day tasks yourself.

Yes, you may still qualify.

The one-year employment rule applies to the past three years before filing, even if you left the company, provided you have a new job offer from the same company’s US counterpart and your new role in the U.S. must also meet managerial or executive criteria.

No, you must have worked in a managerial or executive role for a multinational company abroad for at least one of the three years prior to your Eb-1C petition filing.

Yes, you will.

Yes, functional managers who oversee critical company functions may qualify even if they don’t directly supervise personnel.

It depends. If your role included managing personnel or key organizational functions and met the "managerial" or "executive" criteria, you might qualify.

Yes, but you must demonstrate that most of your time is spent directing the company or a major component, not performing day-to-day tasks.

No, your primary role must be directing the organization or a major function, with minimal involvement in day-to-day operations.

No. There is no particular non-immigrant visa prerequisite for EB-1C.
However, since the requirements for L-1A and EB-1C are quite similar, having an L-1A visa first may come to your advantage.

No, you can apply from inside or outside the USA, as long as you meet the criteria.

It depends on the case strength, background, petitioner cooperation and whether it is a concurrent filing or not.
However, in our firm, most petitions are submitted within 2 months after we receive all the documents from the petitioner.

For the I-140 petition, regular processing times can vary significantly, often taking several months to over a year, depending on the USCIS service center’s workload. You can check the official USCIS Case Processing Times website for the most current estimates. In case of premium processing, it usually takes 45 calendar days to receive a decision (or an RFE).

Yes, you can only expedite the I-140 adjudication with premium processing by paying an additional USCIS fee of $2,805 and filling the form I-907.
However, there is no premium processing for the I-485 (green card application).

Your petitioner has to file Form I-140 (Immigrant Petition for Alien Worker). If you use premium processing, you must also submit Form I-907. If you are inside the USA and adjusting your status, you need to submit Form I-485 (Application to Register Permanent Residence). With your I-485, you may also file Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document). You must submit Form I-693 (Report of Medical Examination) with your I-485. If you are outside the USA, you have to go through consular processing and complete the DS-260 (Online Immigrant Visa Application).

In most cases, you can file your I-140 and I-485 concurrently, unless you are not from China or India.

Generally, under the EB-1 category, your priority date is always current, unless you are from China or India, and you can file your green card application anytime.

Generally, the EB-1 category doesn’t have any visa backlog and a visa is always available for this category including EB-1C, except for applicants from certain countries.

Therefore, your priority date is always current, unless you are from China or India, and you can file your green card application anytime. 

While your priority date doesn’t mandate when you will be eligible to file your green card application under EB-1, it is still important in terms of receiving interview dates and decisions.
Please check our blog article on Visa Bulletin and Priority date to know more about it.

USCIS does not offer installment plans for its filing fees. However, you can pay by your credit card (using Form G-1450) and then pay your credit card bill in installments, if your card issuer allows it.

Generally, the petitioner pays for the I-140 petition filing fee.
You should check with your employer for any further fees associated, such as the premium processing fees or green card application fees.

Our attorney fee for EB-1C petition is $8420 including any RFE/NOID response.
This fee does not include the attorney fee for I-485, green card application. That is a different service and requires a different contract and additional fees.

However, these attorney fees are subject to change. Please check our legal fees section for updated information on fees.

Yes, you can.
We offer our clients to pay our attorney fees in monthly payments.

In most cases, you can file your I-140 and I-485 concurrently, unless you are not from China or India.

It cannot be said with guarantee. The processing time for an I-485 application is often 12 months or more, but it varies greatly based on the USCIS field office, whether an interview is required, and background checks.

Unfortunately, there is no premium processing for the I-485 (green card application).
You can only expedite the I-140 adjudication with premium processing.

It depends on the contract. It may be in the same contract or under a different contract.

However, generally, the sponsor employer or both the employer and beneficiary sign the contract for the first part, the petition. And later only the beneficiary signs the contract for the green card application(s).

It will depend on the initial contract.
You should check with your employer to know who is responsible for the legal fees for green card application.

Our attorney fee for EB-1C based I-485 (green card application) is $1500 including any RFE/NOID response, for the principal applicant and additional $850 for each derivative applicant.

Please note, the USCIS fees are not included in this.

For the Green Card application (Form I-485), the USCIS filing fee is $1,440 for each adult applicant. This fee includes the initial application for a work permit (I-765) and travel document (I-131). Note that there will be an additional cost for the medical report (Form I-693) that you must submit with your I-485.

Yes. EB-1C petition allows your family (spouse and under 21 children) to join you as derivative applicants. Their application comes at the second stage, green card application.

To know more about how you can bring your family in the USA, please check our I-485 (green card application) FAQ section.

Yes. $850 for each additional family member when the final stage of the Green Card application is being processed.

After your I-485 is filed, you will receive a receipt notice from USCIS. After that you will get another notice in the mail about your biometrics services appointment, which will be held at a local Application Support Center (ASC). The notice will tell you the date, time, and location of your appointment. And then finally, you will receive another notice for either the approval or in some very limited cases, an interview.

If you adjust your status in the USA, you may or may not have to attend an interview. However, if you are applying from outside the USA, you will have to attend an interview at the US embassy or consulate.

Upon receiving I-485 approval, the applicant is mailed a Permanent Resident Card. The date the Form I-485 is approved becomes the date of adjustment, which in turn determines how soon the newly adjusted Lawful Permanent Resident (LPR) may apply for U.S. citizenship.

No. You receive a permanent resident card that is valid for 10 years.
Unlike the immigrant investor fifth preference visa, for example, there is no EB-1 “conditional resident” status that requires a review of the business after the beneficiary becomes a permanent resident in order for the beneficiary to continue in that status.

If your petition is rejected, it means USCIS has not accepted it or generated a receipt notice due to some filing error. In that case we correct the error, and file the petition again.
If your petition is denied, you can appeal the decision within 33 days of the notice.

USCIS does not offer refunds for fees paid, even if the petition is denied.

Unfortunately money back guarantee is only for EB-2 NIW self-petitions. Therefore, you cannot avail it for your EB-1C petition.

Yes, they are both vastly different in terms of their requirements, processing times, and the required documentation. Generally, an EB2 visa or other employment-based visas require a formal employment offer for an applicant to be eligible to apply. Additionally, it requires a Labor Certification from the Department of Labor.

An EB-2(NIW) is reserved for individuals whose contributions are considered to be in the national interest. NIW applicants can self-petition without an employer sponsor.

To qualify for an EB-2 PERM category, an individual must meet one of the following criteria:

Advanced Degree Professional: Possess an advanced degree (master's or higher) or a bachelor's degree followed by at least five years of progressive work experience in the field.
Exceptional Ability: Demonstrate exceptional ability in the sciences, arts, or business, significantly above that ordinarily encountered in the field.

The exceptional ability standard is lower than the standard for extraordinary ability classification. The EB-1A category demands a higher standard of proof, focusing on individuals at the pinnacle of their professions, while the EB-2 category is more accessible to those with exceptional abilities that are significantly above average but not necessarily at the very top of their field.

Yes, your U.S. employer must sponsor your petition and offer you a permanent position.

Yes, you need a labor certification from DoL for the EB-2 PERM petition.

Unlike EB-2 NIW, EB-2 PERM doesn’t allow self-petitioning. You have to have a job offer and an employer sponsor to file an EB-2 PERM petition for you.

An NIW exempts you from the job offer and labor certification requirements if your work is deemed to be in the national interest of the United States.

Please check our NIW FAQ section for more information on this category.

Yes, you can file multiple petitions simultaneously potentially increasing your chance of approval.

Yes, you can file multiple petitions (employment based or family based) and applications (Asylum, DV)  simultaneously potentially increasing your chance of approval.

You can file an EB-2 PERM petition from anywhere, given you and your employer fulfil the eligibility requirements. Residing within the U.S. is not a requirement for EB-2 PERM application.

No, one has to qualify under one of these two criteria; advanced degree and exceptional ability.

An advanced degree is a master’s degree or higher, or the equivalent of a U.S. bachelor’s degree plus at least five years of progressive work experience in the field.

Not necessarily. If you have a U.S. bachelor's degree (or foreign equivalent) plus at least five years of progressive, post-degree work experience, you may still qualify for EB-2 under the advanced degree equivalency criteria.

Yes, possessing an advanced degree alone does not automatically qualify you for EB-2. The job position offered to you must also require an advanced degree, and you must meet all other eligibility criteria.

Yes, but foreign degrees must be evaluated to confirm they are equivalent to U.S. degrees. Educational evaluations from certified agencies may be required.

Yes, it can. A bachelor's degree (or foreign equivalent) plus at least five years of progressive, post-degree work experience in the specialty can be considered equivalent to a master's degree for EB-2 eligibility.

Yes, the position must require, at a minimum, a professional holding an advanced degree or its equivalent. The petitioner must demonstrate that the industry typically requires such qualifications for the role.

Yes, the advanced degree should be in a field related to the job position being offered.

It depends. A three-year bachelor's degree may not be considered equivalent to a U.S. bachelor's degree. Additional education or experience may be necessary to establish equivalency.

Exceptional ability means having a level of expertise significantly above what is normally found in the field. This must be proven with documentation like awards, certifications, or recognition.

To prove exceptional ability, you must provide at least three of the following:

• Official academic record showing a degree, diploma, or certificate related to your field.
• Letters from current or former employers documenting at least ten years of full-time experience in your occupation.
• A license to practice your profession or certification for your occupation.
• Evidence of a salary or remuneration that demonstrates exceptional ability.
• Membership in professional associations.
• Recognition for achievements and significant contributions to your industry or field by peers, governmental entities, or professional organizations.

Yes, if you can demonstrate exceptional ability in the sciences, arts, or business, you may qualify for EB-2 without an advanced degree.

No, exceptional ability does not mandate a specific educational level but requires evidence of expertise significantly above the norm in your field.

Work experience is a crucial factor, but it alone cannot establish exceptional ability. You must also provide additional evidence, such as recognition for achievements, to establish exceptional ability.

Yes, artists and entertainers can qualify if they can demonstrate exceptional ability in their field.

No, there is no specific list. Eligibility is determined based on the evidence of exceptional ability in the sciences, arts, or business.

Yes, if the standard criteria don't readily apply to your occupation, you may submit comparable evidence to establish your eligibility.

Comparable evidence refers to alternative documentation submitted when the standard forms of evidence don’t directly apply. It must demonstrate the same level of quality and significance as the original standards outlined by USCIS.

USCIS uses the existing criteria as a guide to determine whether the quantity and quality of your alternative evidence meet the required standard.

Prevailing wage is the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.

Employers can obtain prevailing wage rates by submitting a request to the National Prevailing Wage Center (NPWC).

To request a prevailing wage determination for a PERM application employers must complete the Form ETA-9141 (Application for Prevailing Wage Determination) and submit it to the NPWC. Electronic filing using the FLAG System is strongly recommended.

Processing times for Prevailing Wage Determinations (PWDs) fluctuate significantly based on the Department of Labor's (DOL) current backlog. There is no fixed timeframe, and it can vary throughout the year.

Yes, the National Processing Center always specifies the validity period of the prevailing wage for each application, which ranges from 90 days to 1 year from the determination date. To use a prevailing wage rate provided by the NPC, employers must file their applications or begin the job advertising period within the validity period specified by the NPC.

Typically, it takes approximately 3 years or more to complete the entire process including approval of green card. The total processing time depends heavily on your country of birth due to per-country visa backlogs. Please see the timeline flowchart below to get an idea about the timeline of the whole EB-2 or EB-3 PERM process.

Advertising and recruitment are integral components of the PERM process required to secure labor certification for foreign workers under EB-2 and EB-3 visa categories. This involves publicizing the job opportunity and evaluating the availability of qualified U.S. workers. Employers must place advertisements in specified media and conduct good-faith recruitment efforts to demonstrate to the Department of Labor (DOL) that no qualified, willing, and able U.S. workers are available for the position.

Labor market testing is essential to ensure that the employment of a foreign worker does not negatively impact U.S. workers. It confirms:

1. There are no sufficient U.S. workers qualified, willing, and able to fill the role.
2. Employing a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
3. Good-faith recruitment also validates the employer's genuine need to hire a foreign worker and complies with DOL requirements.

Job advertisements must include key details to meet DOL standards:

• Job title and description matching the Prevailing Wage Determination (PWD).
• Employer's legal name and job location.
• Salary or salary range (optional in some cases).
• Job duties, requirements, and conditions.
• Application instructions for potential applicants.

Mandatory advertisements include:

1. A 30-day posting with the State Workforce Agency (SWA).
2. Two consecutive Sunday newspaper advertisements in a widely circulated publication in the job location.
3. A Notice of Filing (NOF) posted at the worksite for at least 10 business days.

For professional positions under EB-2 or EB-3, additional advertisements are required, with at least three methods chosen from options like job fairs, online job boards, or trade publications.

If qualified U.S. workers apply, the employer must evaluate their applications in good faith. If a U.S. worker meets the job requirements, the employer cannot proceed with the PERM application for the foreign worker. U.S. workers cannot be rejected if they can gain required skills through reasonable on-the-job training.
This ensures the labor certification process prioritizes U.S. workers.

The recruitment phase spans about 180 days, starting from the first advertisement. This includes:

• Up to 150 days to conduct all mandatory and additional recruitment activities.
• A mandatory 30-day "cooling-off" period after the last advertisement, during which applications are reviewed, and no new advertisements can be placed.
  

The employer must file the ETA-9089 (PERM application) by the 180th day.

Yes, you can wrap up the advertising phase within less than 150 days, given you fulfil all the mandatory advertising requirements. Only the 30 days cool-off period is mandatory.

It is not ideal to start the advertising process before you receive the Prevailing Wage determination because if you advertise with a wage that doesn’t align with the determined prevailing wage, you may have to start the whole advertising process again.

However, if you start advertising before the PWD approval, the PERM application (ETA 9089) must be filed before the expiration of the PWD or the expiration of the last advertisement (whichever date is sooner).
If the advertisements start after the PWD is approved, then the PERM application (ETA 9089) must be filed by the expiration date of the advertisements but the 30 day cool-off period must be complied with.

Yes, the recruitment activities must occur within the 180-day labor market testing window and align with the validity period of the Prevailing Wage Determination (PWD).

The PWD must still be valid when the first advertisement is posted and/or when the ETA-9089 is filed. The only mandatory time period is the 30-day "cooling-off" period after the last advertisement, during which applications are reviewed, and no new advertisements can be placed.

A recruitment report is a detailed, signed document prepared by the employer to summarize the recruitment process it carried out for a PERM application. It must be signed by the employer or their representative.
It must include:

• Recruitment Steps: Details of each recruitment activity, including sources used, copies of advertisements, and proof of publication.
• Responses: The number of U.S. workers who applied and their resumes or applications.
• Interviews: Information on interviews conducted and the job titles of interviewers.
• Rejections: Lawful, job-related reasons for not hiring U.S. workers, ensuring that workers are not rejected if they can acquire required skills through reasonable on-the-job training.

The report is submitted to the Department of Labor (DOL) upon request, and the employer must submit it within 30 days of request from the certifying officer. Failure to provide the report or required documentation can result in the denial of the PERM application.

The employer has to file the Application for Permanent Employment Certification, ETA Form 9089. They have the option of filing an application electronically (using web-based forms and instructions) or by mail.

However, the Department of Labor recommends that employers file electronically. Electronic filing is faster and reduces the chance of mistakes since the system provides prompts that assist in the completion of the ETA Form 9089.

LC applications cannot be submitted by facsimile.

Note that an application for a Schedule A occupation must be filed by mail with the appropriate Department of Homeland Security office and not with a Department of Labor National Processing Center.

The PERM process typically takes several months to over a year to complete. This timeline includes the PWD phase, labor market testing period, application preparation, and processing by the DOL. If the application is audited, it can extend the process by several additional months.

No, the Office of Foreign Labor Certification (OFLC) does not expedite the processing of applications due to the particular circumstances of any individual employer, foreign worker, or a family member.

No, the recruitment ads must use the company’s legal name at the time of recruitment, while ETA Form 9089 should reflect the legal name at the time of submission. If a name change occurs due to a merger or acquisition, the employer must provide documentation proving it is the successor in interest, including proof of assuming assets and liabilities.

The employer’s point of contact must be an authorized employee who can act on its behalf for the labor certification. This person cannot be the sponsored foreign worker and must have different contact information from the attorney or agent listed in Section E, unless the attorney or agent is an employee of the employer.

No, the point of contact must be a non-sponsored employee authorized to represent the employer in labor certification matters.
Therefore, the attorney or agent can be the point of contact only if they are an employee of the employer.

After the PERM application is filed, the DOL reviews it to ensure all regulatory requirements are met. The employer may receive a request for additional information or an audit. Once the PERM is approved, the employer can file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of the employee.

A PERM audit can be triggered by various factors, including:

• Random Selection: Some audits are conducted randomly to ensure compliance.
• Application Inconsistencies: Discrepancies or errors in the application can prompt an audit.
• Foreign Language Requirements: Job requirements that include foreign language skills may raise scrutiny.
• Employee Qualifications: If the employee appears to lack the qualifications for the position.
• Layoffs: Recent layoffs in similar positions within the company can lead to an audit.

No, employers cannot modify or correct a submitted ETA 9089.
If the employer believes changes and/or corrections are necessary, the employer should withdraw a pending application and file a new application with the changes and/or corrections.

However, in case of a denial, if the error was caused by the Department of Labor, employers can file a Request for Reconsideration within 30 days of the denial. If accepted, the application will be returned to processing with the original priority date.

If the denial is upheld, the Certifying Officer (CO) will issue a Notice of Decision. Employers can appeal by filing a Request for Review with the Board of Alien Labor Certification Appeals (BALCA) within 30 days of the Notice. Appeals must be submitted in writing.

If your PERM labor certification is denied, you have two primary options:

• Request for Reconsideration: Within 30 days of the denial, your employer can ask the Certifying Officer to review the decision. This request can include only the original documentation submitted or evidence that existed at the time of filing but wasn't previously presented.
• Request for Review by BALCA: Alternatively, within the same 30-day period, your employer can appeal directly to the Board of Alien Labor Certification Appeals (BALCA). This appeal should focus on legal arguments and the evidence already in the record. This option can be pursued in case of a revocation of an approved labor certification as well.

It's important to note that both options cannot be pursued simultaneously. If both are filed at the same time, it will be treated as a Request for Reconsideration.

Consulting with an experienced immigration attorney can help determine the best course of action based on your specific circumstances.

Upon receipt of the denial notification via U.S. mail, a new application may be filed at any time unless a request for review by the Board of Alien Labor Certification Appeals (BALCA) has been submitted. While a request for BALCA review is pending, a new application for the same occupation and the same alien cannot be filed.

An approved PERM Labor Certification is valid for 180 calendar days from the date of approval. Within this period, the employer must file an I-140 Immigrant Petition for Alien Worker with the Department of Homeland Security (DHS).

If the I-140 petition is not filed within 180 days, the PERM Labor Certification expires, and the employer must restart the labor certification process, including conducting new recruitment efforts.

No, the 180-day validity period cannot be extended. Employers must file the I-140 petition within this timeframe or obtain a new labor certification.

The priority date is the date when the PERM application is filed with the Department of Labor (DOL). This date is crucial for determining an applicant's place in line for visa availability.

No, a PERM Labor Certification is specific to the job position, the beneficiary named in the original application, and the intended location of work stated. It cannot be transferred to a different position or employee.
Any changes in these factors may require a new certification.

Yes, the Department of Labor (DOL) can revoke an approved PERM labor certification if it determines the certification was not justified. Additionally, DHS or the Department of State can invalidate a certification if there is evidence of fraud or willful misrepresentation.

If DOL wants to revoke an approved LC, the Certifying Officer (CO) will issue a Notice of Intent to Revoke to the employer, detailing the reasons for revocation. The employer has 30 days to respond with evidence to counter the proposed revocation. After reviewing the employer's rebuttal, the CO will decide whether to proceed with the revocation. If the certification is revoked, the employer may appeal the decision.

The timeline varies based on the individual case and each step has its own stipulated time frame.

However, in our firm, we plan and prepare ahead, and try to complete each step within the earliest possible time frame, given the petitioner and beneficiary cooperates with the documents. This approach shortens the overall time to achieve the green card through the EB-2 PERM process.

Yes, you can only expedite the I-140 adjudication with premium processing by paying an additional USCIS fee and filling the form I-907.
However, there is no premium processing for the Labor certificate application and green card application.

• The first form filed is Form ETA-9141 (Application for Prevailing Wage Determination), with the National Prevailing Wage Center (NPWC)
• Then the PERM Labor Certificate application, Form ETA-9089 with the Department of Labor.  
• After receiving the LC, your petitioner has to file an I-140 petition for you. And if you decide to use premium processing, you must also submit form I-907 with I-140. 
• If you are inside the USA and adjusting your status, you need to submit I-485.
• (Optional) You may also submit an I-131 form with your I-485 if you need to travel outside the US and an I-765 form if you need to have valid work authorization while your green card application is pending. 
• You must submit form I-693, medical examination report with your I-485. 
• If you are outside the USA, you have to go through the consular processing and complete the DS-260, online immigrant visa application.

Once your PERM LC has been approved, the employer must file an I-140 Immigrant Petition for Alien Worker with the Department of Homeland Security (DHS) within the 180 calendar days from the date of approval.

Usually, due to the high demand and a numerical limit on the visa category, there is a visa backlog, and you have to wait until your priority date is current to file the I-485 application.

However, by the time you file your I-140 petition with an approved labor certification, if your priority date is current, you may file your I-140 and I-485 concurrently.

For the EB-2/EB-3 PERM category, the priority date is the date on which a Labor Certification application has been filed with the DoL, on behalf of a prospective immigrant.

The priority date is crucial because it establishes an individual's place in line for visa processing, especially in cases where the number of visa applications exceeds the available visa quotas. You can find your priority date in the labor certification approval notice. You can monitor the progression of priority dates through the U.S. Department of State's Visa Bulletin.
Please check our blog article on Visa Bulletin and Priority date to know more about priority date.

It can’t be said with guarantee. However, the current wait time is around 18-24 months for the priority dates to be current for filing the I-485 application under EB-2 PERM category.

Whether you can file an I-485 application at any given time or not, depends on your priority date being current. The Department of State updates the visa bulletin every month to include the updated dates for filing for visa categories. If the priority date is earlier than the listed date of filing, the priority date is then considered current. If your priority date is current, then after you have received a "Receipt Notice" for your I-140 petition, you may file your I-485 green card application.

Yes, due to the high demand and a numerical limit on the visa category, there is a visa backlog, and you have to wait until your priority date is current to file the I-485 application.

USCIS doesn’t facilitate installment fee payments in itself.

Generally, the petitioner pays for the PERM labor certification and I-140 petition filing fee.

You should check with your employer for any further fees associated, such as the premium processing fees or green card application fees.

Our fees vary by service type and case complexity. For the most current pricing, please visit our Legal Fees page. Government filing fees and third-party costs (e.g., translations, courier) are separate. If you need a tailored quote, contact us and we’ll be happy to help.

Yes, you can.
We offer our clients to pay our attorney fees in monthly payments.

Usually, that is not possible in the EB-2 PERM category. Due to the high demand and a numerical limit on the visa category, there is a visa backlog, and you have to wait until your priority date is current to file the I-485 application.

However, by the time you file your I-140 petition with an approved labor certification, if your priority date is current, you may file your I-140 and I-485 concurrently.

It cannot be said with guarantee as the processing time may change from time to time depending on the case volume and immigration policies.

Unfortunately, there is no premium processing for the I-485 (green card application).

It depends on the contract. It may be in the same contract or under a different contract. 

Generally, green card application is a separate service and therefore requires a separate contract. However, you can retain us for both services under one contract.

Yes, you do. Green card application is a different service and requires different fees.
However, if both the petition and the green card application are under one contract, then the fees will be calculated together.

For the most current pricing, please visit our Legal Fees page. Government filing fees and third-party costs (e.g., translations, courier) are separate. If you need a tailored quote, contact us and we’ll be happy to help.

Yes. EB-2 petition allows your family (spouse and under 21 children) to join you as derivative applicants. Their application comes at the second stage, green card application.

Yes, for the most current pricing, please visit our Legal Fees page. Government filing fees and third-party costs (e.g., translations, courier) are separate. If you need a tailored quote, contact us and we’ll be happy to help.

After your I-485 is filed, you will receive a receipt notice from USCIS. After that you will get another notice in the mail about your biometrics services appointment, which will be held at a local Application Support Center (ASC). The notice will tell you the date, time, and location of your appointment. And then finally, you will receive another notice for either the approval or in some cases, an interview.

If you adjust your visa in the USA, you may or may not have to attend an interview. However, if you are applying from outside the USA, you will have to attend an interview at the US embassy or consulate.

Upon receiving I-485 approval, the applicant is mailed a Permanent Resident Card. The date the Form I-485 is approved becomes the date of adjustment, which in turn determines how soon the newly adjusted Lawful Permanent Resident (LPR) may apply for U.S. citizenship.

While denial of an adjustment of status application generally leads to immediate deportation from the USA, the ultimate course of action varies based on the individual case. Please contact us immediately if your EB-2 application is denied.

Yes, you can appeal to reconsider your case by filing form I-290B and paying the USCIS fee. Please note that you will have to appeal within 30 days of the notification of the decision or 33 days if you received the notification by mail.

If your petition is rejected, it means USCIS has not accepted it or generated a receipt notice due to some filing error. So we correct the error, and file the petition again.
If your petition is denied, you can appeal the decision within 33 days of the notice.

USCIS does not offer refunds for fees paid, even if the petition is denied.

Unfortunately money back guarantee is only for EB-2 NIW self-petitions. Therefore, you cannot avail it for your EB-2 PERM petition.

If your petitioning company has been acquired, merged or had a significant change in its ownership while your I-140 petition is pending, the new company can continue the process as a successor-in-interest. The successor must file an amended I-140 petition, demonstrating the qualifying successor-in-interest relationship and providing necessary documentation, such as proof of the transfer of ownership and the ability to pay the proffered wage.

If your petitioning company has been acquired, merged or had a significant change in its ownership while your EB-2 PERM Green Card application is pending, the new company must establish itself as a successor-in-interest.

However, if your green card application has been pending for more than 180 days, this SII situation does not have any bearing on your application and you or the petitioner do not need to take any action on your petition or application.

It will depend on what stage your EB-2 PERM petition is.
You can retain your earlier priority date only if you have an approved I-140 petition based on the LC with that priority date. Therefore, even though your new employer has to file a new labor certification and a new I-140 petition for you, you are entitled to your earlier priority date as long as the previous LC and I-140 both are approved and valid.

However, if you change petitioner before the approval of your I-140 petition, you cannot retain your earlier priority date for any future petition filings.

Yes, you can use the earliest priority date while applying for your green card application, if you have multiple approved I-140 petitions.

Yes, if your previous I-140 is valid, you can request to port the priority date to the new petition and file the petition and green card application concurrently.
However, for your portability request to be approved, your new I-140 must be approved.

Job portability under INA 204(j) allows certain employment-based green card applicants to change jobs or employers while their Form I-485 (Application to Register Permanent Residence or Adjust Status) is pending. To qualify, the new job must be in the same or a similar occupational classification as the original job, and the I-485 application must have been pending for at least 180 days.

You may request job portability after your Form I-485 has been pending for at least 180 days and you have a new job offer in the same or a similar occupational classification. You can do so during an adjustment interview or in response to a Request for Evidence or Notice of Intent to Deny sent by USCIS following a request to withdraw the petition.

To do this, submit Form I-485 Supplement J, "Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)."

Yes, you can port to self-employment under INA 204(j), provided that:

• Your I-485 has been pending for at least 180 days.
• The new job is in the same or a similar occupational classification.
• The self-employment is legitimate, and you can provide evidence to confirm its legitimacy.

No, you generally cannot switch jobs while your Labor Certification application is pending with the DoL. The Labor Certification is employer-specific and job-specific; changing jobs would typically require starting the process over with the new employer.

Switching jobs while your PERM-based I-140 petition is pending is generally not advisable. The I-140 is tied to a specific employer and job. Changing employers at this stage would usually require the new employer to file a new Labor Certification and I-140 petition on your behalf.

However, if your concurrently filed petition and green card application based on that EB-2 PERM petition is pending for at least 180 days, you can request job portability under INA 204(j).

Yes, you can switch jobs while your PERM-based I-485 is pending, provided that:

• Your I-485 application has been pending for at least 180 days.
• The new job is in the same or a similar occupational classification as the original job.

After obtaining your green card through the EB-2 visa, it's generally expected that you will work for the sponsoring employer for a reasonable period. Changing employers shortly after may raise questions about your original intent.

If your petitioning company goes out of business while your I-140 or green card application is pending, the impact depends on the timing.
If the company closes before your I-140 is approved, USCIS will likely deny the petition and any associated I-485 application.
If the company closes when your I-140 is approved (or is pending but approvable at the time of filing) and your I-485 has been pending for at least 180 days, the petition may remain valid for priority date retention. You may be eligible to port to a new job in the same or a similar occupational classification under INA 204(j).

If your petitioner withdraws the I-140 petition:

• Before I-140 Approval: USCIS will generally deny the petition and any associated I-485 application.
• After I-140 Approval but Before 180 Days of I-485 Pending: If the I-140 was approved but your I-485 has not been pending for at least 180 days, USCIS may revoke the petition approval, leading to denial of the I-485.
• After I-140 Approval and I-485 Pending 180 Days or More: If the I-140 is approved or pending and your I-485 has been pending for 180 days or more, your employer will not be able to withdraw the I-140.
  The petition will remain valid for priority date retention. You may be eligible to port to a new job in the same or a similar occupational classification under INA 204(j).

Yes, you can file a PERM labor certification and I-140 petition, even if you have a pending asylum application, since these two steps do not require your physical presence or lawful status within the USA.
However, to file an I-485 based on the PERM petition, you have to be in a valid status in the USA.

You can file an I-485 based on the EB-2 PERM petition while having a pending asylum application, only if you are maintaining a valid non-immigrant status or you have a pending application to change your status to a valid non-immigrant status. Your priority date has to be current for filing an I-485.

Yes, both can apply for their respective position, and it will not create any contradiction.

Yes, you can travel anytime until you file form I-485.
However, once you file form I-485, you cannot travel outside the USA until you receive the advance parole (approval of I-131). Please note that traveling outside the USA without prior approval and proper returning documentation may jeopardize your green card application.