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EB-1 Green Card Processing Time and Steps in NYC

EB-1 Green Card Processing Time and Steps - Law Office of Ghenadie Rusu

EB-1 Green Card Processing Time in NYC – Everything You Need to Know

The Big Apple (New York) is not only a melting pot of cultures but also a beacon of opportunity for those who dream big. Among the many doors that lead to this vibrant city, the EB-1 Green Card stands out as a golden key for the exceptionally talented. This guide breaks down the essentials of the EB-1 Green Card process in New York City, aiming to illuminate your path toward making NYC not just a stop, but a home.

What is the EB-1 Green Card?

The EB-1 green card is a first-preference immigration visa for individuals. It is the crème de la crème of visas for individuals who have achieved extraordinary success in their fields.

Whether you’re an innovator in technology, a virtuoso in the arts, or a business leader, this visa could be your ticket to a new life in the United States.

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Understanding EB-1 Green Card Requirements

EB-1 Green Card Processing Time and Steps - Law Office of Ghenadie Rusu

EB1 visa is broken into 3 separate categories EB1A, EB1B, and EB1C. Each of these subcategories has its requirements for approval.

The eligibility for each differs slightly based on their career achievements and their prospective role in the United States.

Extraordinary Ability (EB-1A):

  • Significant awards or achievement in a specific field.
  • Recognition for your contributions on a national or international scale.
  • You must meet 3 out of 10 predefined criteria set by USCIS.
  • You don’t need a job offer but should work in the same field once in the United States.

Outstanding Professors and Researchers (EB-1B):

  • You should have international recognition as being outstanding in a specific academic field.
  • Must have at least 3 years of experience in teaching or research.
  • An offer for a prospective position is required (tenure or tenure-track teaching or comparable research position at a university or institution of higher education).

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Multinational Manager or Executive (EB-1C):

  • Employed outside the U.S. in the 3 years preceding the petition for at least 1 year by a specific firm or corporation.
  • Your U.S. employer should have been doing business for at least 1 year.
  • You are seeking to enter the U.S. to continue service to the same firm or organization. Your role within the company must be managerial or executive in capacity.

Factors Affecting Processing Time for EB1 Visa Green Card

Factors Affecting Processing Time for EB1 Visa Green Card

Here’s a list of factors:

1. Category of EB-1 Visa

  • The specific EB-1 subcategory (EB-1A, EB-1B, or EB-1C) can affect processing times. Each has its unique criteria and documentation requirements.

2. Volume of Applications

  • High volumes of applications at USCIS can lead to longer processing times. Application backlogs are common and fluctuate throughout the year.

3. Filing Location

  • The USCIS service center processing the application can impact the timeline. Different centers may have varying workloads and efficiency levels.

4. Quality of the Application

  • Incomplete applications or those with insufficient evidence can experience delays. USCIS may issue a Request for Evidence (RFE), requiring additional time for responses and review.

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5. Use of Premium Processing

  • Premium Processing is available for EB-1 petitions, expediting the review to 15 calendar days. Opting for this service can significantly reduce waiting times, though it comes with an additional fee.

6. Country of Origin

  • For some countries with high demand for U.S. green cards, there may be visa availability backlogs. This doesn’t affect the I-140 petition processing time but can delay the final issuance of the green card.

7. Changes in Immigration Policies

  • Policy adjustments by USCIS or the Department of Homeland Security can influence processing times. New policies may introduce additional steps or alter existing ones.

8. Legal and Administrative Challenges

  • Complications or discrepancies in the provided information can lead to legal reviews, further elongating the process.

EB-1 Green Card Processing Time

Overall, the EB-1 processing time can be between 8 to 23 months. As per the latest information available:

  1. For EB-1A (Extraordinary Ability), processing times are not specifically mentioned, but applicants have the option to use Premium Processing, which will expedite the review of the I-140 petition within 15 calendar days.
  2. For EB-1B (Outstanding Professor or Researcher), as of June 2023, the I-140 processing time is approximately 9.5 months at the Nebraska service center and around 8.5 months at the Texas service center. Premium Processing is also available for this category and can shorten the wait time.
  3. For EB-1C (Multinational Manager or Executive), there is no direct information given about processing times, but if Premium Processing is available for this category, applicants may expect the I-140 to be processed within 15 calendar days after the receipt of the application if opted.

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Key Steps in the EB-1 Green Card Process

To secure a green card EB-1 in New York, you’ll navigate these critical steps:

  • Confirm eligibility under one of the three EB-1 categories
  • Prepare a compelling petition with robust evidence of your extraordinary ability, academic excellence, or business leadership
  • Submit Form I-140, the Immigrant Petition for Alien Worker
  • Adjust status or process your visa through consular procedures

How to Speed Up the EB-1 Process

How to Speed Up the EB-1 Process - Law Office of Ghenadie Rusu

Securing expert legal guidance can significantly impact the efficiency and success of your EB-1 green card application. Here are some helpful tips:

  1. Apply for Premium Processing

Utilizing the Premium Processing service offered by USCIS expedites the adjudication of Form I-140 to 15 calendar days.

  1. Ensure Complete and Accurate Application

Submit a thoroughly completed application. Double-check for accuracy and completeness to avoid USCIS issuing a Request for Further Evidence (RFE), which can delay processing.

  1. Compile Comprehensive Documentation

Provide clear, organized, and substantial evidence of your extraordinary ability or qualifications to avoid back-and-forth communication with USCIS.

  1. Choose the Right USCIS Service Center

If you have options, file your petition with a service center known for faster processing times, though this is often determined by your geographic location or the nature of your petition.

  1. Track Your Priority Date

For adjustment of status applicants, keep track of the Visa Bulletin published by the Department of State and be ready to file your Form I-485 application as soon as your priority date becomes current.

  1. Respond Promptly to USCIS Inquiries

If you receive any requests for additional information, respond as quickly and completely as possible.

Need professional help navigating the complexities of the EB-1 green card process in New York? Call (347) 907-1248 or contact us to schedule a consultation with The Law Office of Ghenadie Rusu. We offer expert guidance to streamline your application process and improve your chances of success.

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Frequently Asked Question

How long does it take for EB-1 to get a green card?
An EB-1 visa takes eight months to process.

How long does it take to get a green card in New York?
It takes about two years for a green card to become available, and the entire process takes around three years.

How long does it take to get an EB1A visa?
An EB1A visa processing can take from 5.5 to 6.5 months for the I-140, plus the time for consular processing or adjustment of status if in the U.S.

How hard is it to get an EB-1 green card?
The EB-1 category can be difficult to obtain because of its requirements for outstanding achievements and proof of extraordinary ability.

What is the rejection rate for EB-1 green card?
The USCIS rejects approximately 50% of all EB-1 petitions received.

Is there an interview for EB-1 green card?
Yes, USCIS is now conducting in-person interviews for employment-based green cards.

What is the fastest way to get a green card in the USA?
The fastest way can be the petition for you to obtain legal permanent residency.

How long does it take to get an EB-1 visa in 2023?
As of 2023, EB-1 visa takes eight months to process.

References and Further Reading

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