The EB-1, or EB-1A, visa is the highest category for people who are considered “extraordinary”.
An EB-1 visa is given usually to people who already have an O-1 visa. The criteria for both are exactly the same, but in the former case, you actually get a Green Card. These days, all petitioners for EB-1 visa usually get a Request for Further Evidence (RFE). It is given to almost all petitioners even if they have a very strong case. The problem is that almost all petitioners get extremely stressed by the RFE's and this makes the process a much more tedious one. Not only do you need to prove the O-1 criteria, but you need to have multiple proofs of each so that each criterion is proven beyond doubt. While only 3 out of 10 criteria need to be met, it is very recommended to submit your case with more than just 3 criteria. With 6 criteria, candidates usually succeed and get a money back guarantee from PassRight. The legal fees, which include a money back guarantee, typically range anywhere between $5000 and $12,000.
A pieces of advice if you want to apply for an EB-1 visa:
- Check if you qualify for more than just one immigration attorney. It is advised to have 3 legal opinions. If the 3 attorneys will agree to give you a money back guarantee for your application request, it means that you are in business and should take the risk and apply.
- Make sure your immigration attorney has experience with filing those type of applications and have a high success rate.
- Sometimes, it is possible to negotiate the payment in 3 parts without a money back guarantee, but the 3rd payment would be paid upon success. A condition like that is almost as strong as a money back guarantee from PassRight.
- If you are in a hurry to be physically in the USA, it is easier to apply for an O-1 Visa. The success rate there is higher and also a big difference is that a good immigration attorney with a case, can get you the O-1 visa much faster and without the delay caused by the Request for Further Evidence. Secure your status first with a visa and then you can jump into the EB-1 green card. That is much safer especially to those who are in need to be in the United States as fast as possible.
- Negotiate in advance with your attorney regarding your case and consider filing an O-1 visa first. If your attorney recommends you to start with the latter, then you should listen to them, but at the same time, you should know that an O-1 visa is very similar to EB-1 visa so the price of the latter after an O-1 visa can be relatively cheap. Sometimes people add just $1,000 to hire the same immigration attorney to perform almost the exact same job.
