How can I Obtain an EB-1 Visa?
January 25, 2021
In order to obtain an EB-1 visa in the U.S., applicants must display that they possess an extraordinary ability as demonstrated by a record of achievements in their field. EB-1 visas, which confer certified employment-based immigration status, can be issued to experts in the field of medicine, the arts, education, business, and athletics.
What is Involved in the Application Process for an EB-1 Visa?
The application process for an EB-1 visa involves Form I-140 and providing documentation to support the claim that the applicant is qualified to be considered an exceptional candidate for visa approval. Approval or denial of the application will be based primarily on the supporting documentation provided, therefore, if the applicant is pursuing the EB-1 visa based on an extraordinary ability, this evidence must be strong and substantial to convince the board that the applicant’s qualification for EB-1 visa status is warranted.
How Does the Process Work for Doctors Seeking an EB-1 Visa?
As the process relates specifically to professionals in the field of medicine, there are certain advantages for those in academia over doctors practicing with patients. Doctors who practice medicine by seeing and treating patients may have a more difficult time with their visa petition than doctors who work in research, as the application process involves an exhaustive practice of presenting various types of documentation to support the candidate’s claim to be an exceptional performer in their chosen field.
The most convincing supporting documents, such as published materials and examples of public recognition for various professional contributions, are more intrinsic to the work involved for academic doctors who focus on teaching or research that advance their chosen field of study. For doctors who practice with patients, this necessary documentation process may be less straightforward.
What Types of Documentation Help a Doctor Prove Their Qualification for an EB-1 Visa?
The main objective of the EB-1 visa program is to grant legal status to immigrants who bring with them valuable knowledge or advantages to further the country’s technological, educational, or cultural advancement. The documentation should represent the applicant’s claim that they bring extraordinary and outstanding skills or abilities that show that their entry into the U.S. will be a benefit for their professional discipline. The applicant will want to present evidence of how they contributed to the enrichment of their chosen field.
For doctors, there are many ways to show compelling evidence of their contributions to the field of medicine. Doctors who broke new ground in medicine or furthered a new-found process may be able to present evidence that they were behind an effort to implement a novel approach or improve patient care by presenting writings they had published, reports they produced, or presentations they made to colleagues. It can be useful to enlist such colleagues to act as a professional reference as part of the petition.
For doctors, the supporting documentation could include the following:
- Listing of complicated procedures performed
- Explanation of evaluations or input on rare or complex medical cases where procedure was performed by another
- Documentation of evidence-based suggestions that influenced the implementation of specific guidelines
- Evidence of presentations or appearances to share developments on new approaches in the specialized field
- Proof of work in evaluating new approaches presented by others in the field through peer reviews, education efforts, or collaboration in training, advisory, or quality-assurance capacities
- Documentation of a board certification or fellowship grant.
How can an Immigration Lawyer Assist in My EB-1 Visa Approval?
An immigration lawyer can offer insight and advice to help clients navigate the process of applying for an EB-1 visa by specifically addressing the ways in which their client’s education, work history, and professional accomplishments can be used to strengthen their case. The applicant will want to prove that their work establishes a unique set of skills or expertise that benefits their field and supports their claim for a visa. However, it is not necessary that the applicant prove that their work brought them fame and fortune. This visa allows an applicant to present comparable evidence in place of the suggested formal documentation previously listed.
Does an EB-1 Visa Applicant Need an Employer to Sponsor Their Petition?
It is helpful to have an employer in the U.S. sponsor the petition, but it is not necessary. A professional applying for an EB-1 visa can make the case that their qualifications support their contention that they will make an attractive candidate for an U.S. employer if their visa application is approved. Still, a letter of recommendation or support from the applicant’s home institution can be helpful in providing documentation of support for the petition.
Philadelphia Visa Petition Lawyers at the MC Law Group, LLC Advise Clients Seeking EB-1 Visas
If you are an exceptional professional seeking immigration status in the U.S. based on your outstanding or specialized qualifications through the EB-1 visa program, the Philadelphia visa petition lawyers at the MC Law Group, LLC can help. We are familiar with the process and the criteria for qualification under the program, as well as the creative ways an applicant can go about proving their professional skills and accomplishments. Contact us online or call 215-496-0690 to schedule a free consultation. Located in Philadelphia, we serve clients throughout the tri-state area, including Pennsylvania, New Jersey, and nationwide.