EB1

Top 5 Reasons EB-1 Green Card Applications Get Denied And How to Avoid Them

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The EB-1 Green Card is one of the fastest and most prestigious US immigration options for individuals with extraordinary ability, multinational executives, or outstanding professors and researchers. But despite strong qualifications, many EB-1 petitions are denied. Understanding the top reasons EB-1 green card applications get denied and how to avoid them can significantly increase your chances of success.

Below are the most frequently asked questions (FAQs) about EB-1 denials and strategies to prevent them.

What Are the Top 5 Reasons EB-1 Green Card Applications Get Denied?

  1. Weak Evidence of Extraordinary Ability
    • USCIS requires detailed documentation. Simply having achievements is not enough, they must be proven with strong evidence such as press articles, contracts, or industry recognition.
  2. Failure to Meet Three Criteria
    • For EB-1A, you must meet at least three of the ten criteria (judging, membership, high salary, leading role, etc.). Many applicants fail to document them correctly.
  3. Problems with the Final Merits Determination
    • Even if you meet three criteria, USCIS applies a final merits analysis. If they don’t believe your career demonstrates sustained acclaim, they may deny the case.
  4. Inconsistencies or Misrepresentation
    • Discrepancies in resumes, employment history, or prior visa applications can trigger INA §212(a)(6)(C)(i) misrepresentation findings and result in denial.
  5. Poor Legal Strategy or Self-Filing
    • Many applicants file pro se (without an attorney) and underestimate how USCIS scrutinizes EB-1 cases. Weak legal arguments or disorganized evidence presentation often lead to denials.

Can I Reapply After an EB-1 Denial?

Yes. Many applicants succeed on a second filing, especially when they work with an experienced EB-1 lawyer. A denial does not bar you from reapplying, but you must strengthen your evidence and address USCIS concerns.

How Can I Avoid an EB-1 Denial?

  • Work with an experienced EB-1 attorney.
  • Collect comprehensive evidence for at least 4–5 criteria (not just 3).
  • Prepare a strong legal brief explaining why your work has national or international significance.
  • Ensure all documents are consistent with your past immigration history.
  • Anticipate USCIS’s final merits determination and build arguments accordingly.

What If My EB-1 Was Already Denied?

You have options:

  • Motion to Reconsider (MTR) if USCIS made an error in applying the law.
  • Motion to Reopen (MTR) if you have new evidence.
  • Appeal to the AAO if the denial was based on a misinterpretation.
  • Refiling a stronger petition with additional evidence.

Should I Hire a Lawyer for My EB-1 Green Card?

Yes. EB-1 is one of the most heavily scrutinized green card categories. USCIS officers are trained to challenge evidence, and without a carefully crafted petition, even qualified applicants get denied. we can:

  • Identify the strongest criteria for your case.
  • Organize evidence to meet USCIS standards.
  • Draft persuasive legal arguments.
  • Prevent mistakes that often lead to denial.

Don’t Risk a Denial. Let Us Fight for Your Green Card

The EB-1 green card offers a fast path to permanent residence, but denials are common when petitions lack strategy or strong evidence. By understanding the top 5 reasons EB-1 applications get denied and working with an experienced EB-1 lawyer you can significantly improve your chances of approval.

If you’ve received a denial or are preparing your EB-1 petition, contact us today at 305-515-0613 or email info@messersmithlaw.com. We have successfully helped thousands of clients secure EB-1 approvals, and we can help you too.

EB-1A Extraordinary Ability Green Card: The 2025 Ultimate Guide

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The EB-1A green card is one of the fastest and most prestigious ways to gain permanent residency in the United States. It is designed for individuals who can demonstrate extraordinary ability in their field whether in science, business, athletics, the arts, or education. Unlike many other green card categories, EB-1A applicants can self petition without an employer sponsor.

In this guide, we’ll explain who qualifies, what evidence USCIS looks for, common reasons for denial, and proven strategies to win approval.

Who Qualifies for an EB-1A Green Card?

To qualify, you must show extraordinary ability demonstrated by sustained national or international acclaim. This is usually proven through:

  • Major prizes or awards (like a Nobel Prize, Olympic medal, or industry award)
  • Memberships in associations requiring outstanding achievements
  • Published material about you in major media or trade journals
  • Evidence of serving as a judge of the work of others
  • Original contributions of major significance to your field
  • Authorship of scholarly articles
  • Display of your work in exhibitions or showcases
  • Leading or critical role in distinguished organizations
  • High salary or remuneration compared to peers
  • Commercial success in the performing arts

You must meet at least 3 of the 10 criteria (or show comparable evidence).

Benefits of the EB-1A Category

  • No employer sponsorship required – you can self-petition.
  • Priority processing – EB-1 cases often move faster than other green cards.
  • Dual intent – you can apply for a green card while on a nonimmigrant visa (H-1B, O-1, etc.).
  • Path to citizenship – once approved, you can apply for U.S. citizenship after 5 years.

Common Challenges with EB-1A Petitions

While powerful, the EB-1A is also one of the most scrutinized categories. USCIS frequently issues RFEs (Requests for Evidence), NOIDs (Notices of Intent to Deny), or outright denials if evidence is not strong enough.

Top reasons for denial include:

  • Weak evidence of “major significance” contributions
  • Generic or repetitive recommendation letters
  • Lack of independent recognition in media or publications
  • Confusing presentation of evidence

Successful EB-1A cases are carefully prepared with organized exhibits, tailored expert letters, and strong legal arguments connecting the evidence to the regulations.

EB-1A Success Stories

  • A biotech researcher with 25 publications and over 300 citations. We provided compelling evidence showing how his research had been widely adopted, backed by a strong legal argument. His case was approved in just three days through premium processing.
  • A tech executive without a PhD, but with a record of leading global product launches, had her EB-1A denied when she filed on her own. We took the case on appeal, demonstrated her critical role and industry wide influence, and secured her approval.
  • An accomplished athlete with multiple international medals received a NOID, even after working with another attorney. When we took over, we highlighted his media recognition and international competition results, and the petition was successfully approved.

How to Strengthen Your EB-1A Petition

Winning an EB-1A extraordinary ability green card is not just about having impressive achievements. It’s about presenting them in a way that convinces USCIS you meet the legal standard of extraordinary ability. Many highly qualified people get denied because their petitions are not organized, not persuasive, or don’t connect the evidence to the law. That’s where the right legal team makes all the difference.

Here’s how we strengthen EB-1A cases for our clients:

  1. Identify your strongest evidence – We review your career in detail to highlight achievements that best match USCIS criteria.
  2. Build tailored recommendation letters – Our team helps tailor your letters from respected experts that go beyond generic praise and instead explain why your work matters on an industry-wide scale.
  3. Demonstrate major significance – We don’t just list publications, citations, or awards—we prove how your work has been adopted, cited, or recognized by others.
  4. Organize the petition strategically – We prepare a polished, attorney written legal brief that connects each piece of evidence to EB-1A regulations, making it easy for the officer to approve.
  5. Anticipate USCIS concerns – We address weaknesses before they turn into an RFE, NOID, or denial.

USCIS officers review thousands of cases, and weak or messy filings often fail. A strong, attorney-prepared EB-1A petition can make the difference between approval and denial. If you’re serious about your EB-1A,

FAQs About EB-1A Green Cards

1. Do I need a PhD to qualify for EB-1A?
No. USCIS looks for achievements and recognition, not degrees. Many business leaders, entrepreneurs, and athletes win EB-1A without a PhD.

2. How long does EB-1A take?
Processing time varies but premium processing takes 15 calendar days.

3. Can I apply while on H-1B or O-1?
Yes. You can pursue a green card while on a temporary work visa.

4. What if my EB-1A is denied?
Even we did not handle your initial filing, we can still file a motion to reopen, appeal, or refile with stronger evidence. Many clients succeed after our help with the right legal strategy.

Don’t Risk Your Future. Let Us Secure Your EB-1A Approval

The EB-1A green card is one of the best pathways to permanent residency for high achieving professionals but it requires a carefully built case. Weak filings often fail, while strong, attorney prepared petitions succeed.

If you believe you qualify for EB-1A or if you’ve received an RFE, NOID, or denial, contact us today at 305-515-0613 or email info@messersmithlaw.com and let us turn your achievements into an approval. Don’t risk your future with a generic application. We’ve helped scientists, engineers, artists, entrepreneurs, and athletes secure EB-1A approvals, and we can help you too.

EB-1 Green Card Processing Time in 2025: What You Need to Know

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Introduction

The EB-1 green card is one of the fastest employment-based immigration options for highly accomplished individuals, such as professionals with extraordinary ability (EB-1A), outstanding professors or researchers (EB-1B), and multinational executives or managers (EB-1C).

But one of the first questions applicants ask is: “How long does it take to get an EB-1 green card in 2025?” The answer depends on your category, country of birth, and whether you file inside the U.S. (adjustment of status) or abroad (consular processing).

In this guide, we’ll break down the current EB-1 processing times in 2025, explain the key factors that affect your timeline, and show how our firm helps clients speed up the process.

EB-1 Green Card Categories and Processing

The EB-1 category is divided into three subgroups:

  • EB-1A (Extraordinary Ability): For individuals in fields such as science, business, education, arts, or athletics who can show sustained acclaim and achievements.
  • EB-1B (Outstanding Professors/Researchers): For professors and researchers recognized internationally with at least three years of experience.
  • EB-1C (Multinational Executives/Managers): For executives and managers who have worked for a multinational company abroad and are transferring to a U.S. office.

Processing times for each can vary depending on USCIS workload and your country of chargeability (India or China often have longer waits).

EB-1 Processing Times in 2025

As of 2025, EB-1 processing times generally fall into these ranges:

  • Form I-140 Immigrant Petition (EB-1A, EB-1B, EB-1C):
    Standard processing: 6–10 months
    Premium processing: 15 calendar days
  • Form I-485 Adjustment of Status (if filed in the U.S.):
    8–14 months, depending on local USCIS field office
  • Consular Processing (if applying abroad):
    6–12 months after I-140 approval, depending on the U.S. consulate

Overall, many EB-1 applicants can complete the process in 12–24 months if no complications arise. However, certain countries may face backlogs in the Visa Bulletin, which can extend wait times.

Factors That Affect EB-1 Processing Time

  1. Country of Birth: Applicants from India and China often face visa retrogression, which can add years of waiting due to high demand.
  2. Premium Processing: Using premium processing for Form I-140 can cut months off your timeline.
  3. Type of Filing: Adjustment of status vs. consular processing may impact your overall timeline.
  4. USCIS Workload: Shifts in government priorities, staffing, and policy changes can delay cases.
  5. RFE or NOID: If USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), your case could be delayed several months.

How We Help Clients Speed Up EB-1 Cases

At our firm, we have successfully guided professionals through EB-1A, EB-1B, and EB-1C petitions with efficient strategies to reduce delays. We:

  • Prepare thorough and strong petitions to minimize RFEs and denials.
  • Monitor the Visa Bulletin and provide filing strategies to avoid long backlogs.
  • Assist with premium processing filing and expedite requests in cases of urgent need.

With our experience, many of our clients have secured EB-1 approvals in under 12 months, even in complex cases.

Your Path to EB-1 Green Card Approval Starts with the Right Legal Team

The EB-1 green card processing time in 2025 depends on your category, filing type, and country of chargeability but with the right strategy, you can often secure approval faster than in other employment-based categories.

If you’re considering an EB-1 petition, don’t take chances with delays or denials. Contact us today at 305-515-0613 or email info@messersmithlaw.com to discuss your case. Let us help you build a strong EB-1 petition and move quickly toward your U.S. green card.

Securing EB-1 Extraordinary Ability Approval Without Citations or Publications: A Successful Case

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Achieving an EB-1 approval for extraordinary ability without citations or publications is a rare feat, but with the right legal strategy, it is possible. Our client, a talented and innovative entrepreneur, faced this exact challenge. Despite having no formal citations or academic publications, his groundbreaking work in the technology sector had significantly impacted the industry. Determined to secure his future in the United States, he turned to our firm for expert guidance.

Our legal team meticulously crafted a compelling case, focusing on the unique aspects of his career that demonstrated his extraordinary ability. We highlighted his numerous patents, awards, and recognition within the industry, along with his role in pioneering cutting-edge technologies. We were able to build a robust case that showcased his exceptional talent and influence.

After a thorough review process, our client’s EB-1 petition was approved in 3 days through premium processing, despite the absence of traditional academic citations and publications. This success story is a testament to the importance of personalized legal strategies and the ability to think outside the box. Our client’s journey proves that extraordinary ability can be recognized in various forms and that with the right legal support, achieving an EB-1 visa is possible even under unconventional circumstances.

Do you have a similar case or one that seems hopeless? Don’t be discouraged. We have successfully handled many complex cases. If you are facing a similar inadmissibility issue, contact us by phone at 305 515 0613 or email us at info@messersmithlaw.com.

EB1 Extraordinary Ability Petitions for Engineers

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EB1 Extraordinary Ability Petitions for Engineers

The EB1 extraordinary ability green card allows anyone in the arts, sciences, business, education or athletics to sponsor their own green card.  No job offer or labor certification is required.  The requirements for this category are quite high but not insurmountable.  Our office has handled thousands of immigration cases and have secured many EB1 approvals for our clients.
Many people believe that the EB1 category is limited to scientists or researchers or those who have won Nobel prizes.  This is simply not the case.  We have helped many people in business fields with job titles like Subsea Intervention Engineer, Project Engineer, Computer Engineer, Industrial Engineer, Chemical Engineer, Mechanical Engineer self sponsor through the EB1 category.

In order to qualify for EB1 classification, you must be able to prove you meet three out of the following ten items:

Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
Membership in associations in the field that demand outstanding achievement of their members, as judged by recognized national or international experts;
Published material about the alien in professional or major trade publications;
Evidence that the alien is a judge of the work of others in the field;
Evidence of the alien’s original contributions of major significance to the field;
Authorship of scholarly articles;
Display of the alien’s work at artistic exhibitions or showcases;
Evidence the alien has performed in a leading or critical role for organizations that have a distinguished reputation;
Evidence that the alien commands a high salary in relation to others in the field; or
Evidence of commercial success in the performing arts.

None of our clients have sufficient documentation to argue all of these elements and it is not necessary to meet all of them, only three.  We typically have enough documentation to argue 4-5 and as long as we can prove three, that is enough.  Typically managers like IT Managers, Project Managers and other people in the business field have similar types of experience and accomplishments.  Awards are rare and usually company specific and none have any artistic exhibitions or performing art success.  However, most of our clients do judge the work of the peers in the form of performance evaluations, business proposals, or by managing specific projects.  Most of our clients are able to show that projects that they have managed or lead are significant and have made an impact in the field.  Many projects result in economic benefits, job creation, market share increase or other specific benefits.   Managers by definition are leadership positions.  Most of our clients are able to show that their role was leading or critical in their organization.  These are the most common types and if you have made accomplishments in these three areas, then you may have a good EB1 case.

Feel free to call us at 305-515-0613 or email us at info@messersmithlaw.com for an evaluation.

How Many Citations Needed for EB1?

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How Many Citations Needed for EB1?

Criteria for Demonstrating Extraordinary Ability

You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

Many applicants are concerned about their low citation counts.  In reality, citations are only helpful in regards to one of the ten listed criteria – original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.  In many fields where publications are not the norm such as in IT or management professions, citations are completely irrelevant and in other scientific or academic fields like Economics, Business, Computer Science, or Mathematics, they are very hard to come by.  It is very normal for Economics papers to have no citations or be in the low single digits.  This is ok and is not fatal to an EB1 case.  It simply means that we need to identify other criteria on the list to get your case approved.  We have handled hundreds of self petitioned green card such as EB1 and know what USCIS wants to see in order to approve a case.  Over the past 15+ years we have successfully helped clients obtain EB1 green cards in software, engineering, speaking, business, consulting, acting and other fields where the applicants had none to very few citations.  There are many ways to make a strong case without a strong citation record.  For your reference, here are some samples of our approved petitions.  If you’d like our help, please feel free to call us at 305 515 0613 or email us at info@messersmithlaw.com.  

USCIS Appointment and Green Card Interview Rules – NEW

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New USCIS Interview for Employment Based I485 Applicants

For the past 15 years, USCIS has only required in person interview of employment based I485 applicants in situations where the USCIS adjudicator believed the applicant may have committed fraud, violated their nonimmigrant status or had a criminal record.  On August 28, 2017 that all changed.  USCIS has announced that their new policy is phase in in-person interviews for all employment based applicants.  This includes employer sponsored EB2 and EB3 based applications as well as self sponsored EB1 and NIW based applications.  These interview are expected to begin on October 1, 2017.

Scope of Interview and Possible Interview Questions

To determine what USCIS is looking for in these new interview, we can look to their announcement itself.  In their announcement, USCIS states that

Conducting in-person interviews will provide USCIS officers with the opportunity to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the individual seeking permanent residence in the United States.

It becomes readily apparent that the purpose of these interviews is to find a reason to deny your application.  Similar to marriage based fraud interviews, USCIS will use their available resources to conduct an investigation of the application prior to their interview to determine whether or not the applicant or the applicant’s employer made an false or misleading statements or submitted any false or misleading documents in support of either the labor certification or I140.  Moreover, in addition to background checks previously performed, USCIS is likely to perform credit checks and internet searches to see if there is any information available that contradicts what was submitted in the filings.

In marriage green card interviews, the adjudicating officer will review the forms filed, the documents submitted, and the question the applicants to determine not only if they meet the minimum requirements but also if their relationship is genuine and bonafide.  Questions about maintenance of nonimmigrant status are unusual in those case but in these new USCIS interviews for employment based applicants, it is likely to be one of the primary focuses.  If you are on an employment based visa, expect to be asked questions regarding your work, your job duties, the job location and all related questions.  USCIS will want to see if you properly maintained your status and if they determine that you did not, your case may be denied.  Furthermore, the likely main focus will be on the job identified in the I140.  Why did the employer sponsor you?  How did you hear about the job?  Do you currently work there?  How about your past experience?  Is it legit?  Are you currently working there?  Who are your coworkers?

After we appear at some of these interviews, we’ll know exactly what to expect but this is a new hurdle for employment based I485 applicants and if your interview does not go well, expect big delays and possible denials.  And if you have a spouse or child who has filed a derivative I485, expect to be grilled over those relationships as well, especially if the marriage is young or either of you have been previously divorced.  Our office has extensive experience with USCIS interviews and we can assist you in this matter.  If you are scheduled for an interview at a local office in Chicago, IL, Milwaukee, WI, St. Louis, MO, Des Moines, IA, or Indianapolis, IN, we can help you.  Contact us here.

 

EB1 Requirements

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Documentation for EB1 Requirements

The EB1A green card is for aliens of extraordinary ability engaged in the arts, sciences, business, education or athletics. Many scientists, post docs, and PhD students utilize the EB1A category to self sponsor their permanent residency as no job offer or labor certification is required. The legal standard for the EB1A category is codified in INA Section 203(b)(1)(A) and states that how an applicant may qualify for EB1A classification.  The EB1 requirements are:

  1. the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

  2. the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

  3. the alien’s entry into the United States will substantially benefit prospectively the United States.

8 CFR Section 204.5(h)(3) states the EB1 requirements for how an applicant can show sustained national or international acclaim:

A petition for an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Such evidence shall include evidence of a one-time achievement (that is, a major, internationally recognized award), or at least three of the following:


(i) Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;


(ii) Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;


(iii) Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;


(iv) Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;


(v) Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;


(vi) Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;


(vii) Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;


(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;


(ix) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or


(x) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.


8 CFR Section 204.5(h)(5) discusses the absence of a job offer requirement:

No offer of employment required. Neither an offer for employment in the United States nor a labor certification is required for this classification; however, the petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the United States.

Over the years, there have been a variety of cases that made it into federal court which has allowed the judiciary to provide guidance and rules on how applicants can meet the EB1 requirements. In 1994, a federal district court ruled against USCIS when denied an EB1 petition filed by an NHL player and stated that published material about an alien is sufficient so long as there is “published material about [him] in professional or major trade publications or other major media.” Later in 1995, the court held in Racine v. INS that published articles about an applicant do not need to state that the applicant is “one of the best in his field.” Many other court cases followed since then but the court in Kazarian v USCIS offered the most sweeping review and provided major guidance that was adopted by USCIS.

Kazarian adopted a two part analysis which puts the onus on the applicant to establish that they meet three of the 10 criteria set forth in 8 CFR §204.5(h)(3)(i)-(x). Once this is established, USCIS will perform a “final merits determination” analysis to determine whether or not the applicant truly has “sustained national or international acclaim.”

Many immigration lawyers, myself included, feel the final merits determination to be a requirement contrary to any reasonable reading of the statutory language but multiple courts since Kazarian have upheld this reading of the law and USCIS, itself, has embraced it as well so we’re Kazarian defining the EB1 requirements. Because the final merits analysis is completely subjective and is open to a different interpretation by different service centers and different USCIS officers it is very important to present a structured case tailored to what USCIS wants to see. Our office has handled thousands of immigration cases and we have posted thousands of approval notices on our web site to back up that claim. We know what USCIS wants to see in this final merits determination and we can help you win your case. Send us a copy of your CV or give us a list of your accomplishments and we can help you win your green card through the EB1A category.

Athlete Visa and Athlete Green Card Options

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For foreign nationals who wish to come to the United States to work or perform as an athlete in sports like football, basketball, hockey, MMA, tennis, golf or in other competitions, there are several different visa and green card options to be found.  Typically, the most difficult part of the process is finding sponsorship but, fortunately for you, I can tell you several ways to get around that issue to perform in the US legally.

Athlete Visa Options

Option 1 – The B1 Visa.  The B1 visa, also known as a business visa, can be used by amateur athletes “competing in an athletic event for which they will receive no payment, other than incidental expenses” and by professional athletes “who receive no salary or payment other than prize money.”  This is clearly not the best option for an athlete who wishes to remain in the US for a longer term as this visa is limited to a six month duration and typically only granted for the exact sporting event period which can be just a couple weeks.  Also, payment is limited to prize money or incidentals.  However, it does not require sponsorship and you do not have to file a petition to USCIS for approval.  The application for a visa can be made at the Embassy and the process is very quick though not always simple to get approved.

Option 2 – The H2B Visa.  The H2B is a seasonal worker visa.  It can be used by athletes to perform in any sport that is seasonal, such as basketball or hockey.  However, for sports that are played year round, this visa type will not be an option.  The H2B visa required a US employer to sponsor the athlete and even more than that, the employer is required test the market for potential employees, run advertisements and promise to pay the “prevailing wage” for the job.  Then the employer must file applications with both the US Department of Labor and USCIS and get approvals from both before a visa application can be made at the Embassy.  Another benefit is that the H2B visa holder can bring his or her spouse or children along with an H4 visa.  The process is slower and cumbersome and you must stay aware of the H2B visa cap which mandates that only 66,000 H2B visas be issued each fiscal year.

Option 3 – The O1 Visa.  The O1 visa is limited to foreign nationals with “extraordinary ability.”  This basically means that this category is reserved for accomplished professional athletes.  Sponsorship is required but it does not need to be from the employer, it can be from a sports agent.  Having a sports agent as a sponsor for your O1 visa is ideal for golf, tennis or other individual sports players that are going to play at multiple different sports events or tournaments.  Unlike the H2B visa, there is no wage requirement and there are no required tests of the labor market.  The employer or agent will file a petition with USCIS and once that is approved, an application for a visa can be made at the Embassy.  A big benefit of this visa type is the athlete can bring a spouse and children along with an O3 visa and you can bring your assistants (multiple) with an O2 visa!

Option 4 – The P1 Visa.  The P1 visa is the only visa type that is specifically designed for athletes.  The athlete does not need to demonstrate extraordinary ability and there is no distinction between amateurs or professionals or individual or groups.  Sponsorship is required but it does not need to be from the employer, it can be from a sports agent.  There is no prevailing wage requirement and no test of the labor market is required.  However, the athlete must be “internationally recognized” and is used to compete at a specific athletic competition.  If you are only competing for prize money, the B1 visa is likely the better option and if you want to remain in the US for a longer period of time then you are likely better off with the H2B visa or O1 visa.

Athlete Green Card Options

Option 1 – PERM Labor Certification + EB3 Green Card.  The PERM labor certification requires a US employer to promise to pay the athlete the prevailing wage and perform a test of the US labor market to see if any minimally qualified US workers are willing and able to take the position, if offered to them.  If no US workers can be located then the green card application can proceed.  The PERM process + the green card process typically takes a couple years if there are no complications or no visa availability issues as listed in the visa bulletin.

Option 2 – EB1 Green Card.  The EB1 requirements mirror the requirements of the O1 visa.  The athlete must be a professional and be significant accomplishments in the sport as to show they are extraordinary.  However, unlike the O1 visa which requires sponsorship by a US employer or agent, the EB1 category has no such requirement.  That means that any foreign athlete can self sponsor and petition for a green card based on their own merits and does not have to rely on anyone else.  When the green card is approved, they are required to continue in their sport but not with any particular employer or agent.  This category is very quick and we have many EB1 cases approved in less than 1 week.

If you would like to explore your athlete visa or athlete green card options, you can contact our office by phone at 305-515-0613, by email at info@messersmithlaw.com or through this contact form.  Our firm has handled thousands of immigration cases and we can evaluate your case to determine the best path for you.

Nonimmigrant Employment While EAD Application is Pending

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Right now I am working with a L1A visa status and my company wishes to apply my green card. I know I can get the EAD but and thinking I can work with my L1A until the green card is approved. Is this ok? Also, can you help me with the green card? My company and me are not happy with our previous immigration lawyer.

Yes, you can continue to work on your L1A as long as it is valid and you can even extend the L1A visa status while the green card application is pending. It is actually a good idea not to get the EAD card. If you use the EAD card to work for someone that is not your L1 visa sponsor then you will violate your L1 visa status and if your green card application is denied then you will be out of status. Unless there is a particular reason you need the EAD such as in cases where the L1 visa is expiring you do not wish to extend or don’t qualify for an extension, then you can avoid applying for it.

We’ll be happy to assist you with your application. In the past 12 months, we have been securing many EB1 green card approvals in 2 months or less through regular processing (no extra premium fee required) and should be able to help you. Please send us a copy of your resume and details regarding your company