Are you considering immigrating to the U.S. but lacking an employer sponsor? If you’re a top performer in your field, you may be eligible for an EB-1 or EB-2 visa. However, obtaining either of these visas without employer sponsorship is not always easy.

In many cases, it’s in your best interest to consult with a proven immigration lawyer before filing your application. That way, you can eliminate common mistakes that often result in delayed processing and denials.

Click the following links to learn how our Beverly Hills immigration lawyers for EB-1 and EB-2 visas can help you on the path to obtaining a green card without employer sponsorship:

At Inventimm, PC, we’re here to help you every step of the way. Continue reading to learn the answers to frequently asked questions about the EB-1 visa and EB-2 visa categories.

What is an EB Visa?

According to the U.S. Department of State - Bureau of Consular Affairs, two categories of employment-based visas don’t require employer sponsorship. They include employment first preference ( EB-1) and employment second preference (EB-2) with a National Interest Waiver.

What sets EB-1 and EB-2 visa (NIW) categories apart from other EB visas is they don’t require a labor certification. However, it’s important to note that these visa types are reserved for extraordinary individuals who must meet strict immigration requirements.

Contact us to consult with an employment-based green card attorney in Beverly Hills to learn if either designation is correct for you. Learn more about each below.

EB-1 Vs EB-2 Green Card

There are three sub-categories within the EB-1 green card category. They include:

  • Individuals with extraordinary ability in sciences, arts, education, business, or athletics.
  • Outstanding professors and researchers
  • Multinational managers and executives

The EB-2 green card category is reserved for professionals holding advanced degrees and individuals of exceptional ability. In most cases, EB-2 visa applicants must have a labor certification approved by the Department of Labor (DOL) and a qualifying job offer from a U.S employer (Form I-140).

However, if eligible, you can apply for an exemption to these requirements, known as a National Interest Waiver. We can help. Contact Inventimm, PC, to learn about self-petitioning via a National Interest Waiver.

Frequently Asked Questions (FAQs) About EB-1 & EB-2 Visas

There are many benefits to obtaining an EB-1 or EB-2 green card. However, it’s not an easy process. Listed below are a few answers to the most frequently asked questions about category 1 and 2 employment-based green cards. Give us a call if you have questions that are unique to your situation.

Can I Apply For EB-1 On My Own?

One of the primary benefits of EB-1 visas is you can typically apply for them on your own. Further, you don’t need a job offer to apply. However, obtaining an EB-1A, EB-1B, or EB-1C is challenging. We recommend consulting with a knowledgeable immigration attorney before submitting an application.

How Hard is it to Get an EB-1 Visa?

Due to the many benefits afforded EB-1 visa holders, it is one of the most difficult visas to obtain. If you’re not eligible for an EB-1 visa, you may still be able to seek immigrant or nonimmigrant status through other avenues. Contact us today to learn more.

How Long Does it Take to Get a Green Card For EB-1 Visa Holders?

Typically, it takes about eight months for EB-1 visa approval and an additional six months for the U.S. government to issue an EB-1 green card after approval. However, it’s important to note that U.S. immigration is currently experiencing a backlog, so wait times are subject to change.

What Happens if EB-1 is Rejected?

Suppose your EB-1 green card application is denied. In that case, you can file an appeal with the Board of Immigration (BIA) or the Administrative Appeals Office (AAO). However, it’s highly recommended that you consult with an immigration attorney before doing so.

Can We Convert EB-2 to EB-1?

Technically, you can’t convert an EB-2 to an EB-1. However, you can port your EB-2 green card to an EB-1 green card. This essentially means filing a new green card application from scratch–which can result in many complications if mistakes are made, or the applicant isn’t eligible for the new immigration designation. Contact Inventimm, PC, today to discuss your immigration options.