What is the EB-1B visa and who is eligible to apply?+
The EB-1B visa is an immigrant category for executives and managers of multinational companies being transferred to a U.S. office. To be eligible, you must have worked for at least 1 continuous year within the past 3 years in an executive or managerial position for the related foreign company, and be transferred to the U.S. to perform similar duties.
What is the difference between the EB-1B visa and the L-1A visa?+
Both are for transferred executives and managers, but the L-1A is temporary (maximum 7 years) while EB-1B provides a permanent Green Card directly. EB-1B does not require PERM labor certification, significantly speeding up the process. However, EB-1B requires a U.S. employer to sponsor the petition with USCIS.
What corporate relationship must exist between the foreign and U.S. companies?+
The sponsoring U.S. company must have a qualifying relationship with the entity where you worked abroad. This includes: parent-subsidiary (one controls the other), affiliates (both controlled by the same parent), or branches (operations of the same organization). The entities must be related within a corporate group.
What is the difference between an executive and a managerial position under EB-1B?+
An executive primarily directs the management of the organization or a major component, sets organizational goals and policies, and exercises broad decision-making authority. A manager oversees a department, subdivision, or function, supervises professional employees, and has authority to hire or fire. Both qualify for EB-1B if the role is substantial with discretionary authority.
How long does the entire EB-1B process take?+
The complete process typically takes 8 to 12 months. I-140 petition preparation requires 1 to 2 months, USCIS processing takes 4 to 6 months (or 15 days with Premium Processing), and Adjustment of Status or consular processing takes an additional 6 to 12 months depending on your immigration situation.
What are the costs of the EB-1B petition?+
Costs vary depending on the case and law firm fees. USCIS charges a standard I-140 filing fee, and Premium Processing carries an additional fee if requested. A personalized case evaluation is recommended to understand all costs involved in your specific situation.
What documents and evidence are needed for the I-140 petition?+
Required evidence includes: proof of qualifying corporate relationship between employers (corporate documents, agreements), 1 year of prior work experience in an executive or managerial position (employment contracts, employer letters), capacity to perform executive or managerial duties in the U.S. role (job description, organizational chart), and continuous operations of the employer in the U.S. and abroad during your stay.
Can my spouse and children get a Green Card under EB-1B?+
Yes, immediate family members are derivatives under the EB-1B petition. Your spouse and unmarried children under 21 automatically receive a Green Card when you do. They do not require a separate petition but must be included in the I-140 petition with appropriate documentation.
Can I apply for EB-1B if I change employers or change my position?+
To qualify for EB-1B, you must be sponsored by the related U.S. employer of the foreign entity where you worked. Position changes within the related corporate structure are generally permitted, but changing to an unrelated employer or non-executive/managerial position could affect eligibility. Consult an immigration attorney before making significant changes.
What are the main benefits of obtaining a Green Card through EB-1B?+
Benefits include: permanent residency without the long PERM processing wait, first preference (EB-1) category with highest priority, immediate Green Card without temporary visa status, inclusion of immediate family, unrestricted employment eligibility, and citizenship eligibility after 5 years. It is a direct path to permanent residence without time limitations.
What happens if the foreign or U.S. company closes during the EB-1B process?+
If the I-140 petition is already approved, company closure generally does not affect the Green Card. However, if it occurs before approval or during adjustment of status, the case could be complicated. If you are processing I-485 and lose work eligibility, there may be no basis for residency. It is important to notify your immigration attorney of significant changes immediately.
