If you’re wondering whether you can apply for multiple EB-1 visas, you’ve already got a foot over the threshold of American living! After all, this is the land of “more.” Products and services come with extra mass, extra time, extra opportunity, and extra service, demonstrating one aspect of the American dream: come here, get more.
Applying for multiple visas enters right into that conversation with a simple answer: yes, you may apply for multiple EB-1 visas. In this case, it is possible to achieve what you’re hoping for (permanent employed entry into the United States) with more application forms.
An EB-1 visa is an Employment-Based First Preference Immigration visa. In other words, you have done more to contribute in your field of study than others, therefore the U.S. government offers you preference when attempting to enter the country. In order to apply for an EB-1 visa, you must fill out a Form I-140 and offer supporting documentation (such as a CV, copies of certificates and awards, and other official references of support). Please note that Labor Certification will not be a necessary addition to your EB-1 visa application.
Many of the accompanying application documents will be specific to you and your particular accomplishments in your field of study or work. An EB-1 petition is often best handled by an attorney who can prepare letters of petition, ensure a complete EB-1 visa entry and Form I-140, and maintain direct communication with the United States Citizenship and Immigration Services (USCIS) offices.
Types of EB-1 Visas
You may apply for two different types of EB-1 visas simultaneously, but each visa will be somewhat different. An EB-1(a) visa, or visa for an Alien of Extraordinary Ability, does not demand burden of proof that you have been invited to work or serve at any particular place of employment. In other words, you can demonstrate on your own accord that you have extraordinary ability, with or without secured employment.
An EB-1(b) visa, or Outstanding Professor/Researcher petition, does require proof of impending employment and documented sponsorship by the prospective employer. Ph.D. students are also welcome to apply using either visa form, however, Ph.D. student are more frequently successful using the EB-1(b) form. Anyone is welcome to apply for both visa forms at the same time, which makes it possible for one to be approved earlier than the other. In the case that one petition is denied, the other visa petition may still be considered active.
Multiple Visa Applications and Role of National Interest Waiver Form
Multiple immigration visas allow for multiple opportunities for applications to be approved. Some EB-1(a) applications may not be as strong as an EB-1(b) visa application, yet, it is not always clear which one USCIS will be most interested in granting. Once a visa application is approved, then applicants can immediately file paperwork seeking permanent residency. In the case of having multiple visa applications approved, one can simply choose the visa that offers the greatest number of advantages during immigration.
Those filing for EB-1 visas of any sort can also file a National Interest Waiver form (an EB-2 visa), which also does not require labor certification or any evidence of employment offer. The goal of the EB-2 form is to demonstrate to USCIS that welcoming an individual to the United States is in the best interest of the country due to exceptional ability and/or an advanced degree. However, an EB-2 visa/National Interest Waiver is normally more difficult to gain approval for than an EB-1 visa of any sort.
Contact KPPB Law For More Information
For more information about legal services related to immigration, procuring multiple visas, and required paperwork, please contact KPPB Law by sending a message online or by giving us a call to schedule a private consultation. KPPB Law can assist and advise you in determining whether you need multiple EB-1 visas or other documentation. Furthermore, KPPB Law develop a strategy and appropriate paperwork that highlights your unique background and particular achievements that may result in creating successful EB-1 Visa applications.
Beeraj Patel, Esq.
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