Category Archives: EB1

Work Visas

Work Visas | Rothrock Immigration Lawyer | Naples | Fort Myers | Boca Raton

Work Visa USA | US Immigration Lawyer Carl Rothrock

Immigration Attorney Carl Rothrock standing in front of the bar he rebuilt after Hurricane Charlie. Carl is a licensed Florida Contractor in addition to being a licensed attorney. He understands the day to day struggles of the small business owner.

Carl Rothrock is a U.S. business immigration attorney who has successfully filed work visas for applicants from all over the world. He has offices throughout Florida, including Naples, Fort Myers, Miami, and Boca Raton.  He has filed thousands of cases, including EB1, EB2, NIW, EB3, EB5, O, P, H1B, and TN applications.  In addition to being a licensed attorney, Carl is also a licensed Florida Building Contractor and has developed several real estate developments throughout Florida. As a small business owner, he understands the frustrations of the small business owner. Good workers are hard to find, and they are harder to keep. Many foreigners want to achieve the American dream and will work hard to prove themselves. They bring with them richness and culture of their countries and are eager to please their employer if given a chance.

Permanent Work Visas

An employer may sponsor an employee for a permanent job.  The permanent residence card is also known as a “green card.”  If the petition is approved, the employee’s spouse and children under 21 may also receive green cards.  There are three primary categories of business visas.  The first is the “EB1,” visa.  The second is the “EB2” visa.  The third is the “EB3” visa.  The government limits the number of visas each year in each category by country of citizenship as well as type of visa.  Some of these categories require the applicant to have a job offer while others do not. Visit our pages for these visas to learn more.

Temporary Work Visas

In addition to sponsoring an employee for permanent residence, an employer may sponsor an employee to work for a temporary duration.  Most categories require the employee to hold a professional degree, license, or high level of skill.  Common types of temporary visas are the TN Visa, the E1 and E2 treaty visas, the L visa, the O visa, the P visa, and the H1B visa. The employee’s spouse and children under 21 may accompany the employee to the United States.  Many foreigners enter the US. under the temporary work visa until they can locate an employer who will sponsor them for permanent employment. The Rothrock Law Firm has counseled many clients to achieve this goal.

Work Visas for Unskilled Laborers

The U.S. government allots a very small percentage of permanent work visas for people who have unskilled labor. If people who work unskilled jobs wish to gain permanent residents in the United States, they often enter the United States to work temporarily. Eventually, they meet and marry a U.S. citizen. Once they marry a citizen, they obtain a green card through marriage.  The H2B program and the J1 Exchange program allow unskilled workers to find temporary work in the United States. At this time, it is very difficult to find permanent employment in the U.S. through a work visa for unskilled workers.

Schedule a Consultation with an Experienced Immigration Attorney Today

Carl Rothrock is an experienced Florida immigration lawyer with offices in Naples, Fort Myers, and Boca Raton, Florida.   He has been licensed to practice law since 1989 and has successfully filed business visa applications for people all over the world.  Mr. Rothrock is admitted to practice before all Immigration Courts in the United States.  He provides representation to clients within and outside the U.S.  To schedule a free initial consultation, call Rothrock Immigration Lawyer today.

Boca Raton Immigration Lawyer

Boca Raton Immigration Lawyer | E2 Visa | L1Visa| EB1 | EB2 NIW

Boca Raton Immigration Lawyer Carl Rothrock

Carl Rothrock is a Boca Raton Immigration Lawyer

Carl Rothrock is an immigration lawyer in Boca Raton, Florida, with 34 years of experience. He has successfully represented thousands of people from over 100 countries in the world.  The firm’s specialty is business immigration, including forming regional centers, assisting investors in E2 treaty visas, L visas, and EB5 investment visas, and assisting employers and employees with EB1, EB2, and EB3 visas. In addition, Carl represents individuals in family based immigration services, such as K1 and K2 fiancée visas, marriage visas, I-130 relative visas, I-485 adjustment of status applications, and N-400 and 600 naturalization and citizenship proceedings. Further, the Rothrock Law Firm has successfully obtained waivers for inadmissibility, including unlawful presence, misrepresentation, fraud, and criminal acts.

Awards, Recognitions, and Memberships

  • “AV Preeminent®, the highest ranking level of professional excellence, skill and integrity under the Martindale-Hubbell® Peer Review Rating System
  • Perfect 10.0 score on AVVO.com, a lawyer rating and referral website
  • “Top Rated Lawyers in Florida, Immigration,” Lawyers of Distinction, 2019, 2020, 2021, 2022
  • “Nations Top One Percent,” the National Association of Distinguished Counsel, 2021, 2022
  • “Immigration Lawyer of the Year,” Lawyer’s Monthly Legal Awards
  • “The Top 10 Immigration Attorneys, Florida,” Best of the Best Attorneys, 2020
  • “10 Top Immigration Attorneys, Florida,” the American Institute of Legal Counsel, 2019 and 2020
  • “Top 10 Immigration Attorneys, Florida,” Attorney and Practice Magazine, 2019 and 2020
  • “The Top Immigration Attorneys, Florida,” The Top 100 Lawyers, 2018
  • “Top Ranking Immigration Law Firms in Florida,” American Association of Attorney Advocates, 2020, 2021
  • Member, American Immigration Lawyers Association, 2018, 2019, 2020, 2021, 2022
  • Member, Academy of International Business, 2018, 2019, 2020, 2021, 2022

Recent Case Approvals

We received approvals in all of these categories in the last eighteen months:

  • EB1A, Extraordinary Ability Green Cards
  • EB1C, Executive Green Cards
  • EB2NIW, National Interest Waiver Green Cards
  • EB2, Advanced Degree Green Cards
  • EB3, Skilled Worker Green Cards
  • PERM labor certification
  • E2 Visas
  • E1 Visas
  • L1A Visas for Executives
  • L1B Visas for Specialized Skill Workers
  • H1B Specialty Occupation Visas
  • TN Visas for Canadians
  • 601 Waivers for fraud, criminal history, and unlawful presence
  • Citizenship Applications
  • Marriage Based Green Cards (adjustment of status and consular processing)
  • Family Based Green Cards
  • Fiancée Visas

Biography of Boca Raton Immigration Attorney Carl Rothrock

Prior to practicing immigration law, Carl served as a complex litigation consultant to the defense teams of many Fortune 100 companies, including Shell Oil, British Petroleum, Chevron, Chesapeake Energy, Bank of America, UBS Bank of Switzerland, Johnson & Johnson, American Airlines, and Walmart. He has acted as counsel for over 800 clients in a defective product litigation involving defective construction materials.

Carl has always believed that success begins with hard work.  He started mowing orange groves for his father at the age of 8 and continued working for his father’s construction company through high school. Carl took extra classes throughout high school and graduated from high school at age 16.  While working two jobs in college, he saved enough money to attend law school without applying for a student loan.  He has developed residential and commercial real estate projects and understands the day to day frustrations faced by small business owners.

Carl is a licensed Certified Building Contractor in Florida and is a licensed attorney in the State of Texas. In addition, he is admitted to practice before all Immigration Courts in the United States and the Board of Immigration Appeals, as well as all Tax Law Courts in all fifty states.  His unique background and qualifications have enabled him to guide foreign investors through the process of doing business in the United States.  Carl’s hobbies are scuba diving, boating, and rescuing animals.

To schedule a free initial consultation, call the Rothrock Law Firm at (561) 609-6065.

Map of Boca Raton Office: 7777 W. Glades Rd., Ste 100,  Boca Raton, FL 33434

 

Investor Visas

Investor Visas | Rothrock Immigration Lawyer | Naples, Fort Myers, Boca Raton, Miami 

Investor Visas | Rothrock Immigration Lawyer | E2 Visa | L1 | EB5

Carl Rothrock has counseled thousands of clients in selecting the right investor visa.

U.S. immigration attorney Carl Rothrock has successfully filed thousands of cases, including E2, L1, and EB5 investor visas. He has offices throughout Florida, including Naples, Fort Myers, Boca Raton, Miami, and Ft. Lauderdale.  Miami and South Florida are continuing to develop into a coveted site for both U.S. domestic and international business. Immigrants have played a large part in this success story, by staffing, managing and owning businesses – from small start-up operations, to companies with regional and international connections.  The U.S. Government recognizes the benefits of such activity and encourages it. The government provides immigration laws and policies which reward and benefit entrepreneurs and their employees. These rewards often include pathways to U.S. Citizenship for investors, managers, employees and their families.

Types of Investor Visas (Click the link to see more information).

EB5 Visa:  This visa is sometimes called the “Golden Visa” because an investor can obtain a green card by investing a large sum of money. This visa currently requires an investment of $800,000 USD to $1,050,000.00 USD. The amounts change frequently and should be verified prior to applying.  Depending on the type of EB5 visa selected, the investor may not need to participate in managing the business.

E2 Treaty Visa: This visa allows an investor to enter the United States with a smaller investment amount. Depending on the investor’s country of citizenship, the investor might be able to own and operate a business with an $80,000 initial investment. Although this visa does not lead to a permanent green card, it allows the investor to work in the U.S. for up to five years, and it can be renewed indefinitely.

E1 Treaty Visa This visa allows an investor to enter the U.S. for a period of time up to five years to conduct trade. This visa does not require that an individual have an office in the U.S., nor does it require a minimum investment amount.  Rather, the treaty holder must prove active trade between the U.S. and country of citizenship. Like the E2 visa, this visa does not lead to a green card, but it can be renewed indefinitely.

L1 Visa.  The L1 visa is a hybrid visa between the E2 and the EB5 visas. Like the E2, it is a temporary visa with an investment amount of approximately $100,000 to $150,000 USD.  However, the L1 visa is a dual intent visa.  The investor can initially enter the U.S. temporarily but transition to a permanent green card by filing an EB1C visa application. 

EB1C visa. This visa allows an entrepreneur to manage a company in the United States. Most applicants initially enter the U.S. on the L1 Visa. After they run their business for a year, they then apply for an EB1C visa to permanently manage the company.

Rothrock Immigration Lawyer | Experienced US Immigration Attorneys

We counsel our clients not to view US immigration policy and law as an obstacle to “get around.” Rather, we counsel our clients to be careful not to do anything short term that could jeopardize any more important, long-term goals.  We counsel our clients to choose cost-effective pathways.    Initially, we determine the clients’ short- and long-term goals.  We then point out how the creative use of US immigration law can meet the short-term solution required, as well as provide long-term business growth management.

Our Visa approval rates worldwide provide the best evidence of our capabilities and are the envy of our competitors. We are proud to provide what is often “life changing” advice and cost-effective legal solutions to business challenges. As native South Floridians, we are also humbly proud of the part we play in the accomplishments of our clients in the community. We provide “boutique firm” U.S. visa services to accomplish each clients’ goals. If you think you may benefit from our services, please contact us for a free consultation.

EB1 Visa Types

EB1 Visa

Carl Rothrock files EB1 visas

Carl Rothrock: Immigration Lawyer in Fort Myers

A foreign citizen may apply for an EB1 visa.  If USCIS approves the application, the foreign citizen and his or her spouse and children may receive permanent resident cards and can apply for citizenship after five years.  There are three categories of an EB1 visa in which the foreign citizen may apply:  1) Extraordinary Ability, 2) Outstanding professors and researchers, and 3) Multinational managers or executives.

Extraordinary Ability

In order to qualify for an EB1 visa as an “alien of extraordinary ability,” the applicant must prove that he or she has an extraordinary ability in the sciences, arts, education, business, or athletics.  The applicant must show that his or her achievements have been recognized in his or her respective field.  An applicant must prove that he or she meets three out of ten criteria below:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Membership in associations in the field which demand outstanding achievement of their members
  • Published material about the applicant in professional or major trade publications or other major media
  • Evidence that the applicant has been asked to judge the work of others, either individually or on a panel
  • Applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Authorship of scholarly articles in professional or major trade publications or other major media
  • Work has been displayed at artistic exhibitions or showcases
  • Performance of a leading or critical role in distinguished organizations
  • The applicant commands a high salary or other significantly high remuneration in relation to others in the field
  • Commercial success in the performing arts

Alternately, if the foreign citizen does not meet three of the above listed requirements, he or she can substitute a one time achievement, such as a Pulitzer Prize, Oscar, Olympic medal, etc.  An employer does not need to sponsor an alien of extraordinary ability.  The foreigner can file his or her own petition.  USCIS does not limit the number of visas issued in this category.

Outstanding Professors and  Researchers

Outstanding professors and researchers must demonstrate international recognition in a particular academic field.  The EB1 visa applicant must hold three years of experience in teaching or research in that academic area.  In addition, the applicant must enter the United States to pursue a tenure track teaching position or a comparable research position at a university.  The foreign citizen must document evidence in at least two of the following criteria:

  • Receipt of major prizes or awards for outstanding achievement
  • Membership in associations that require their members to demonstrate outstanding achievement
  • Published material in professional publications written by others about the alien’s work in the academic field
  • Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Original scientific or scholarly research contributions in the field
  • Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

The applicant’s employer must file an I140 petition to sponsor the employee.  If USCIS approves the petition, the employee and his or her spouse and children may receive permanent resident cards.  USCIS does not limit the number of visas issued in this category.

Multinational Managers or Executives

The employer must have employed the applicant for at least one year within the last three years outside the United States.  An employee must enter the United States to continue service to this employer.  In addition, the employee must have worked as a manger or executive with the employer, an affiliate, or a subsidiary.  Only a U.S. employer can sponsor an employee under this category.  The employer must have operated the business for at least one year as an affiliate, subsidiary, or same corporation that employed the person abroad.  USCIS does not limit the number of visas issued in this category.

Choose a Qualified Immigration Attorney to Represent your Interests

Carl Rothrock, an immigration attorney in Fort Myers, Florida, has represented immigration clients from all over the world.  He has been licensed since 1989 and is admitted to practice before  the Board of Immigration Appeals and all Immigration Courts in the United States.  To schedule a free initial consultation, call the Rothrock Law Firm at 239-206-2363.

Miami Business Immigration Attorney Carl Rothrock

Miami Immigration Lawyer

Rothrock Immigration Lawyer | E2 Visa | L Visa | EB2 NIW |EB1 | Miami | Florida | USA

Miami Business Immigration Lawyer Carl Rothrock

Carl Rothrock is a Business Immigration Attorney in Miami, Florida.

Carl Rothrock is a Miami business immigration attorney, who has represented thousands of clients, including E2, L1 and EB5 applications. The firm’s specialty is business immigration, including forming regional centers, assisting investors in E2 treaty visas, L visas, and EB5 investment visas, and assisting employers and employees with EB1, EB2, and EB3 visas. In addition, Carl represents individuals in family based immigration services, such as K1 and K2 fiancée visas, marriage visas, I-130 relative visas, I-485 adjustment of status applications, and N-400 and 600 naturalization and citizenship proceedings. Further, the Rothrock Law Firm has successfully obtained waivers for inadmissibility, including unlawful presence, misrepresentation, fraud, and criminal acts.  All of the attorneys at the Rothrock Law Firm have been licensed for more than 25 years and all attorneys are rated AV Preemminent by Martindale Hubbell.

Awards, Recognitions, and Memberships

  • “AV Preeminent®, the highest ranking level of professional excellence, skill and integrity under the Martindale-Hubbell® Peer Review Rating System
  • Perfect 10.0 score on AVVO.com, a lawyer rating and referral website
  • Top Rated Lawyers in Florida, Immigration,” Lawyers of Distinction, 2019, 2020, 2021, 2022
  • Immigration Lawyer of the Year,” Lawyer Monthly’s Legal Awards, 2022
  • “Nations Top One Percent,” the National Association of Distinguished Counsel, 2021, 2022
  • “The Top 10 Immigration Attorneys, Florida,”  Best of the Best Attorneys, 2020
  • “10 Top Immigration Attorneys, Florida,” the American Institute of Legal Counsel, 2019 and 2020, 2021
  • “Top 10 Immigration Attorneys, Florida,” Attorney and Practice Magazine, 2019 and 2020
  • “The Top Immigration Attorneys, Florida,” The Top 100 Lawyers, 2018
  • “Top Ranking Immigration Law Firms in Florida,” American Association of Attorney Advocates, 2020
  • Member, American Immigration Lawyers Association, 2018, 2019, 2020, 2021, 2022
  • Member, Academy of International Business, 2018, 2019, 2020, 2021, 2022

Recent Case Approvals

We received approvals in all of these categories in the last eighteen months:

  • EB1A, Extraordinary Ability Green Cards
  • EB1C, Executive Green Cards
  • EB2NIW, National Interest Waiver Green Cards
  • EB2, Advanced Degree Green Cards
  • EB3, Skilled Worker Green Cards
  • PERM labor certification
  • E2 Visas
  • E1 Visas
  • L1A Visas for Executives
  • L1B Visas for Specialized Skill Workers
  • H1B Specialty Occupation Visas
  • TN Visas for Canadians
  • 601 Waivers for fraud, criminal history, and unlawful presence
  • Citizenship Applications
  • Marriage Based Green Cards (adjustment of status and consular processing)
  • Family Based Green Cards
  • Fiancée Visas

Biography of Carl Rothrock | Miami Business Immigration Lawyer

Prior to practicing immigration law, Carl served as a complex litigation consultant to the defense teams of many Fortune 100 companies, including Shell Oil, British Petroleum, Chevron, Chesapeake Energy, Bank of America, UBS Bank of Switzerland, Johnson & Johnson, American Airlines, and Walmart. He has acted as counsel for over 800 clients in a defective product litigation involving defective construction materials.

Carl has always believed that success begins with hard work.  He started mowing orange groves for his father at the age of 8 and continued working for his father’s construction company through high school. Carl took extra classes throughout high school and graduated from high school at age 16.  While working two jobs in college, he saved enough money to attend law school without applying for a student loan.  He has developed residential and commercial real estate projects and understands the day to day frustrations faced by small business owners.

Carl is a licensed Certified Building Contractor in Florida and is a licensed attorney in the State of Texas. In addition, he is admitted to practice before all Immigration Courts in the United States and the Board of Immigration Appeals, as well as all Tax Law Courts in all fifty states.  His unique background and qualifications have enabled him to guide foreign investors through the process of doing business in the United States.  Carl’s hobbies are scuba diving, boating, and rescuing animals.

To schedule a consultation, call the Rothrock Law Firm at (305) 677-9048.

Map of Miami Office:  8950 SW 74th Ct, Ste 2201, Miami, FL 33156

Multinational Managers or Executives

EB1 Visa – Multinational Managers or Executives

Cape Coral immigration attoreny Carl Rothrock files EB1 visas for multinational managers or executives

Cape Coral immigration lawyer Carl Rothrock

A foreign citizen may apply for an EB1 visa.  If USCIS approves the application, the foreign citizen and his or her spouse and children may receive permanent resident cards and can apply for citizenship after five years.  There are three categories of an EB1 visa in which the foreign citizen may apply:  1) Extraordinary Ability, 2) Outstanding professors and researchers, and 3) Multinational managers or executives.

 

Multinational Managers or Executives

The employer must have employed the applicant for at least one year within the last three years outside the United States.  An employee must enter the United States to continue service to this employer.  In addition, the employee must have worked as a manger or executive with the employer, an affiliate, or a subsidiary.  Only a U.S. employer can sponsor an employee under this category.  Foreign owned companies cannot sponsor a U.S. employee under this category.  The employer must have operated the business for at least one year as an affiliate, subsidiary, or same corporation that employed the person abroad.  USCIS does not limit the number of visas issued in this category.

Choose a Qualified Immigration Attorney to Represent your Interests

Cape Coral immigration lawyer Carl Rothrock has represented immigration clients from all over the world.  He has been licensed since 1989 and is admitted to practice before  the Board of Immigration Appeals and all Immigration Courts in the United States.  To schedule a free initial consultation, call the Rothrock Law Firm at 239-206-8252.  The firm accepts all major credit cards.

Outstanding Professors and Researchers

EB1 Visa for Outstanding Professors and Researchers

Carl Rothrock files EB1 visas for outstanding professors and researchers

Naples Immigration Lawyer Carl Rothrock

A foreign citizen may apply for an EB1 visa.  If USCIS approves the application, the foreign citizen and his or her spouse and children may receive permanent resident cards and can apply for citizenship after five years.  There are three categories of an EB1 visa in which the foreign citizen may apply:  1) Extraordinary Ability, 2) Outstanding professors and researchers, and 3) Multinational managers or executives.  Visit our web page to read more about EB1 Visas in all categories.

 

Outstanding Professors and  Researchers

Outstanding professors and researchers must demonstrate international recognition in a particular academic field.  The EB1 visa applicant must hold three years of experience in teaching or research in that academic area.  In addition, the applicant must enter the United States to pursue a tenure track teaching position or a comparable research position at a university.  The foreign citizen must document evidence in at least two of the following criteria:

  • Receipt of major prizes or awards for outstanding achievement
  • Membership in associations that require their members to demonstrate outstanding achievement
  • Published material in professional publications written by others about the alien’s work in the academic field
  • Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Original scientific or scholarly research contributions in the field
  • Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

The applicant’s employer must file an I140 petition to sponsor the employee.  If USCIS approves the petition, the employee and his or her spouse and children may receive permanent resident cards.  USCIS does not limit the number of visas issued in this category.

 

Choose a Qualified Immigration Attorney to Represent your Interests

Carl Rothrock, an immigration attorney in Naples, Florida, has represented immigration clients from all over the world.  He has been licensed since 1989 and is admitted to practice before  the Board of Immigration Appeals and all Immigration Courts in the United States.  To schedule a free initial consultation, call the Rothrock Law Firm at 239-206-2363.

Aliens of Extraordinary Ability

EB1 Visa for “Aliens of Extraordinary Ability”

Aliens of Extraordinary Ability immigration attorney Carl Rothrock

Carl Rothrock: Immigration Lawyer in Fort Myers

A foreign citizen may apply for an EB1 visa.  If USCIS approves the application, the foreign citizen and his or her spouse and children may receive permanent resident cards and can apply for citizenship after five years.  There are three categories of an EB1 visa in which the foreign citizen may apply:  1) Aliens of Extraordinary Ability, 2) Outstanding professors and researchers, and 3) Multinational managers or executives.

Aliens of Extraordinary Ability

In order to qualify for an EB1 visa as an “alien of extraordinary ability,” the applicant must prove that he or she has an extraordinary ability in the sciences, arts, education, business, or athletics.  The applicant must show that his or her achievements have been recognized in his or her respective field.  An applicant must prove that he or she meets three out of ten criteria below:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Membership in associations in the field which demand outstanding achievement of their members
  • Published material about the applicant in professional or major trade publications or other major media
  • Evidence that the applicant has been asked to judge the work of others, either individually or on a panel
  • Applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Authorship of scholarly articles in professional or major trade publications or other major media
  • Artistic exhibitions or showcases display the applicant’s work
  • Performance of a leading or critical role in distinguished organizations
  • The applicant commands a high salary or other significantly high remuneration in relation to others in the field
  • Commercial success in the performing arts

Alternately, if the foreign citizen does not meet three of the above listed requirements, he or she can substitute a one time achievement, such as a Pulitzer Prize, Oscar, Olympic medal, etc.  An employer does not need to sponsor an alien of extraordinary ability.  The foreigner can file his or her own petition.  USCIS does not limit the number of visas issued in this category.

 

Choose a Qualified Immigration Attorney to Represent your Interests

Carl Rothrock, an immigration attorney in Fort Myers, Florida, has represented immigration clients from all over the world.  He has been licensed since 1989 and is admitted to practice before  the Board of Immigration Appeals and all Immigration Courts in the United States.  To schedule a free initial consultation, call the Rothrock Law Firm at 239-206-2363.

EB1 Visa

EB1 Green Card | Rothrock Immigration Lawyer | Naples | Miami | Florida | US

EB1 Visa | Rothrock Immigration Lawyer Naples | Miami | Florida | USA

Carl Rothrock is Florida immigration attorney who files EB1A visas for citizens who hold extraordinary abilities.

U.S. immigration lawyer Carl Rothrock has filed thousands of cases from over 100 countries, including EB1 visa applications.  A foreign citizen may apply for an EB1 visa to obtain a green card without labor certification.  If USCIS approves the application, the foreign citizen and his or her spouse and children may receive permanent resident cards and can then  apply for citizenship after five years.  There are three categories of an EB1 visa in which the foreign citizen may apply:  1) Extraordinary Ability, 2) Outstanding professors and researchers, and 3) Multinational managers or executives.

EB1Visa for Aliens of Extraordinary Ability (EB1A) | Rothrock Immigration Lawyer Miami, Naples, Fort Myers, Boca Raton

In order to qualify for an EB1 visa as an “alien of extraordinary ability,” the applicant must prove that he or she has an extraordinary ability in the sciences, arts, education, business, or athletics.  The applicant must show that his or her achievements have been recognized in his or her respective field.  An applicant must prove that he or she meets three out of ten criteria below:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Membership in associations in the field which demand outstanding achievement of their members
  • Published material about the applicant in professional or major trade publications or other major media
  • Evidence that the applicant has been asked to judge the work of others, either individually or on a panel
  • Applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Authorship of scholarly articles in professional or major trade publications or other major media
  • Work has been displayed at artistic exhibitions or showcases
  • Performance of a leading or critical role in distinguished organizations
  • The applicant commands a high salary or other significantly high remuneration in relation to others in the field
  • Commercial success in the performing arts

Alternately, if the foreign citizen does not meet three of the above listed requirements, he or she can substitute a one time achievement, such as a Pulitzer Prize, Oscar, Olympic medal, etc.  An employer does not need to sponsor an alien of extraordinary ability.  The foreigner can file his or her own petition.  USCIS does not limit the number of visas issued in this category.

EB1 Visa for Outstanding Professors and Researchers (EB1B) | Rothrock Immigration Lawyer | Naples, Fort Myers, Boca Raton

Outstanding professors and researchers must demonstrate international recognition in a particular academic field.  The EB1 visa applicant must hold three years of experience in teaching or research in that academic area.  In addition, the applicant must enter the United States to pursue a tenure track teaching position or a comparable research position at a university.  The foreign citizen must document evidence in at least two of the following criteria:

  • Receipt of major prizes or awards for outstanding achievement
  • Membership in associations that require their members to demonstrate outstanding achievement
  • Published material in professional publications written by others about the alien’s work in the academic field
  • Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Original scientific or scholarly research contributions in the field
  • Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

The applicant’s employer must file an I140 petition to sponsor the employee; however, the government does not require labor certification.  If the government approves the petition, the employee and his or her spouse and children may receive permanent resident cards.  USCIS does not limit the number of visas issued in this category.

EB1 Visa for Multinational Managers or Executives (EB1C) | Rothrock Immigration Lawyer Boca Raton, Miami, Naples

The employer must have employed the applicant for at least one year within the last three years outside the United States.  An employee must enter the United States to continue service to this employer.  In addition, the employee must have worked as a manger or executive with the employer, an affiliate, or a subsidiary.  Only a U.S. employer can sponsor an employee under this category.  The employer must have operated the business for at least one year as an affiliate, subsidiary, or same corporation that employed the person abroad.  USCIS does not limit the number of visas issued in this category.

Choose a Qualified Immigration Attorney to Represent your Interests

Carl Rothrock, an immigration attorney in Fort Myers, Florida, has represented thousands of immigration clients from over 100 countries.  He has been licensed since 1989 and is admitted to practice before the Board of Immigration Appeals and all Immigration Courts in the United States.  He has offices throughout Florida, including Naples, Fort Myers, Cape Coral, Boca Raton, Miami, and Fort Lauderdale. To schedule a free initial consultation, call the Rothrock Law Firm at 239-206-2363.