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Your Comprehensive Guide to the EB-1 Employment-Based Green Card
Introduction: EB-1 Visa at a Glance
The EB-1 visa is one of the most sought-after employment-based immigrant visas in the United States, offering a direct path to permanent residency (green card) for individuals with extraordinary ability, outstanding academic achievement, or international executive/managerial experience. At TRW Law Firm, we assist professionals, scholars, and executives from around the world in securing this prestigious visa category.
What Is the EB-1 Visa?
The EB-1 is a first-preference employment-based immigrant visa and is divided into three main categories:
EB-1A: For individuals of extraordinary ability in the sciences, arts, education, business, or athletics.
EB-1B: For outstanding professors and researchers.
EB-1C: For multinational executives and managers.
Unlike many other employment-based categories, the EB-1 does not require PERM labor certification, which significantly speeds up the green card process.
EB-1A: Extraordinary Ability
To qualify for the EB-1A visa, applicants must demonstrate sustained national or international acclaim. No job offer is required, and applicants can self-petition.
Key Requirements:
You must either:
Show evidence of a one-time achievement (like a Pulitzer, Oscar, Olympic Medal), or
Meet at least 3 out of 10 criteria, which include:
Nationally or internationally recognized prizes/awards.
Membership in exclusive associations.
Published material about you in professional or major media.
Judging the work of others.
Original contributions of major significance.
Authorship of scholarly articles.
Artistic exhibitions or showcases.
Leading role in distinguished organizations.
High salary.
Commercial success in the performing arts.
USCIS Update (Oct 2024): Team awards and former memberships now count under awards and membership criteria.
EB-1B: Outstanding Professors and Researchers
This subcategory is for those who are internationally recognized as outstanding in their academic field and who have at least three years of experience in research or teaching.
Key Requirements:
Must be offered a tenure-track or permanent research position by a U.S. employer.
Must show international recognition in your academic field.
Must provide evidence of at least 2 out of 6 USCIS criteria.
EB-1C: Multinational Managers and Executives
For international business professionals who have worked outside the U.S. for at least one year in the past three years in a managerial or executive role.
Key Requirements:
The foreign company must be affiliated with a U.S. company (parent, branch, affiliate, or subsidiary).
The applicant must seek to continue working in a managerial/executive capacity.
The U.S. petitioning employer must be operational for at least one year.
EB-1 Visa Cost
If Applying From Within the U.S.:
Form I-140 (Immigrant Petition): $715
Form I-485 (Adjustment of Status): $1,440
USCIS Immigrant Fee: $235
If Applying From Abroad:
Form I-140: $715
Form DS-260: $345
Form I-864 (Affidavit of Support): $120
Processing Time for EB-1 Visa
Form I-140: ~7.6 months
Premium Processing (Optional): 15 calendar days
Form I-485: ~6.9 months (if adjusting status in the U.S.)
Consular Processing: Timeline varies by U.S. embassy or consulate.
Step-by-Step Application Process
File Form I-140: Submit the immigrant petition with supporting documents.
Approval of I-140: Once approved, proceed based on your location:
Adjustment of Status (if in the U.S.): File Form I-485.
Consular Processing (if abroad): Complete DS-260 and prepare for embassy interview.
Biometrics Appointment: Attend fingerprinting and photo session.
Medical Examination: Conducted by a USCIS-approved physician.
Visa Interview: Attend interview at USCIS office or U.S. consulate.
Receive Green Card: If approved, obtain lawful permanent resident status.
Validity and Benefits of EB-1 Visa
The EB-1 visa is a permanent immigrant visa.
Leads to a green card and eventual U.S. citizenship.
Spouses and children (under 21) can obtain derivative green cards.
Work authorization is automatic upon receiving your green card.
EB-1 vs Other E-Visas
Visa Type
Description
EB-1
Extraordinary ability, researchers, executives
EB-2
Advanced degrees or national interest waivers
EB-3
Skilled and unskilled workers
EB-4
Special immigrants (religious workers, broadcasters)
EB-5
Investors creating jobs with $800,000+ investment
E-2
Nonimmigrant visa for treaty investors (temporary)
EB-1 Visa FAQs
Q: Is there a waiting time for the EB-1 visa? A: Typically, no. EB-1 visas are not subject to long backlogs, making them faster than most other employment-based green cards.
Q: Can I bring my spouse and children? A: Yes. Spouses and unmarried children under 21 are eligible for green cards as EB-1 dependents.
Q: Can I change employers? A: EB-1A applicants can self-petition and change jobs. EB-1B and EB-1C require the employer sponsor but changes may be possible with appropriate filings.
Q: Do I need a job offer? A: Only EB-1A does not require a job offer. EB-1B and EB-1C do.
Q: Can I apply while in the U.S. on a different visa? A: Yes, provided you meet eligibility, you can apply for EB-1 while on another visa.
Q: Can I travel while EB-1 is pending? A: You’ll need an Advance Parole document if you’ve filed Form I-485. Exiting the U.S. without one could lead to abandonment of your green card application.
Contact TRW Law Firm for EB-1 Visa Assistance
Navigating the EB-1 visa process requires expert legal guidance. At TRW Law Firm, we offer tailored immigration solutions, from document preparation to legal representation before USCIS or consular offices.
Learn about the eligibility, cost, timeline, and step-by-step process for the EB-2 U.S. visa for professionals with advanced degrees or exceptional abilities.
🌐 What Is an EB-2 Visa?
The EB-2 visa is a U.S. employment-based immigrant visa for foreign nationals who either:
Possess an advanced degree, or
Have exceptional ability in their field (e.g., sciences, arts, or business)
EB-2 visa holders become lawful permanent residents (green card holders) of the United States. The EB-2 is a second-preference visa under the U.S. employment-based immigration categories.
There are two primary paths to qualify:
PERM-Based EB-2 Visa – Sponsored by a U.S. employer, requires labor certification.
EB-2 National Interest Waiver (NIW) – Allows self-petitioning if the applicant’s work benefits the national interest.
💸 Cost of the EB-2 Visa (2025)
For Applicants in the U.S. (Adjustment of Status):
Form I-140 (Employer Petition): $715 (paid by employer)
Form I-485 (Green Card Application): $1440
USCIS Immigrant Fee: $235
For Applicants Abroad (Consular Processing):
Form I-140 (Employer Petition): $715
DS-260 (Visa Application): $345
Form I-864 (Affidavit of Support): $120
Immigrant Fee: $235
Note: PERM labor certification has no government fee, but employers incur legal and recruitment costs.
Can I Travel Abroad While My Adjustment of Status Application Is Pending? – TRW Law Firm Guide
Understand the Risks, Restrictions, and Legal Workarounds for Travel During Your Green Card Process
🌏 Overview
If you’ve submitted an Adjustment of Status (AOS) application to become a lawful permanent resident (green card holder) from within the United States, you may be wondering whether it’s possible to travel outside the country while your application is pending.
The short answer: You generally should NOT travel abroad while your AOS is pending, unless you have received a travel permit (Advance Parole) from USCIS.
At TRW Law Firm, we guide clients through every step of the green card process, including safe travel planning while AOS is pending.
⚠️ Why Traveling Abroad Is Risky During AOS
USCIS considers leaving the United States while your Form I-485 (AOS application) is pending without prior authorization as an automatic abandonment of your green card application.
This means:
Your application may be denied immediately
You may be denied re-entry to the U.S.
You may have to restart the entire immigration process from scratch
TRW Tip: Even short trips abroad without permission can jeopardize months or years of immigration work.
🚪 What Is Advance Parole?
Advance Parole is a travel document (Form I-512L) issued by USCIS that allows certain immigrants to temporarily leave and re-enter the U.S. while their AOS is pending.
Who Needs It?
Anyone filing for AOS who wants to leave the U.S. before receiving their green card, unless:
They are in H-1B or L-1 status and remain valid during re-entry
How to Apply:
File Form I-131 (Application for Travel Document)
Provide evidence of:
Your AOS application (Form I-485 receipt)
Reason for travel
Emergency or humanitarian needs (if applicable)
Wait for approval before traveling
Processing Time:
Typically 3 to 6 months, though this can vary
Can be combined with your EAD (Form I-765) in a combo card (EAD + Advance Parole)
Important: Do NOT travel until your Advance Parole is approved and the physical document is in your possession.
🌺 Exceptions to the Rule
You may travel internationally while AOS is pending without Advance Parole ONLY if:
You hold valid dual intent visas such as H-1B or L-1, AND
You re-enter the U.S. under that status, AND
You remain employed with the sponsoring employer (if work-based)
Even then, it’s strongly recommended to consult with an immigration lawyer before traveling.
🏖️ Traveling Within the U.S.
Traveling domestically within the United States is permitted while your adjustment of status application is under review.
You can travel between states for leisure or to visit family
Do not travel for employment until your EAD (Employment Authorization Document) is issued
TRW Guidance: Carry your I-485 receipt notice and ID when traveling domestically for added protection.
✅ What To Do If Travel Is Unavoidable
If you must leave the U.S. while your green card application is processing:
Apply for Advance Parole (Form I-131) as early as possible
Consult with TRW Law Firm about emergency travel options
Avoid travel unless it’s absolutely necessary
Note: Certain emergencies may qualify for expedited Advance Parole processing.
🚨 What Happens If You Travel Without Authorization?
If you travel abroad without Advance Parole:
Your AOS application is considered abandoned
You may be barred from re-entering the U.S.
You may trigger inadmissibility bars (3- or 10-year bans)
TRW Law Firm can help assess:
Whether you qualify for reentry waivers
How to restart your AOS case safely
Emergency re-entry options in rare cases
❓ FAQs from TRW Clients
Q: What if I have a family emergency abroad? You can request expedited Advance Parole with proper documentation. USCIS may approve it faster in serious cases (e.g., death or illness).
Q: Can I travel to Canada or Mexico without Advance Parole? No. You must still have approved Advance Parole. The same abandonment rule applies.
Q: What happens if I’ve already filed Form I-131 but haven’t received approval yet? You must wait for approval. If you travel before receiving it, your green card case could be automatically denied.
Q: Can I get Advance Parole and EAD at the same time? Yes. Most applicants file I-765 and I-131 concurrently and receive a combo card.
🌐 Why Trust TRW Law Firm?
✅ Experts in adjustment of status & re-entry strategies
✅ Rapid Advance Parole filing support
✅ Emergency consultation for family or health-related travel
✅ Deep understanding of travel restrictions for Bangladeshi applicants
✨ Book a Consultation with TRW Today
Don’t risk your green card over international travel. Let our expert immigration team help you plan your AOS journey safely.
How to Get a U.S. Tourist Visa for Your Parents TRW Law Firm’s Complete Guide to the B-2 Visitor Visa Process
Bringing your parents to visit you in the United States can be an incredibly meaningful experience. Whether it’s to share special occasions, care for a newborn, or simply reunite as a family, applying for a U.S. tourist visa (B-2) for your parents involves navigating a formal legal and procedural path. At TRW Law Firm, we understand how important these moments are. This comprehensive guide is designed to help you understand each step of the tourist visa process for your parents, ensuring clarity and increasing the chances of approval.
🔹 Understanding the B-2 Tourist Visa
The B-2 visa is intended for individuals entering the United States temporarily for tourism, visiting family or friends, receiving medical treatment, or participating in social events hosted by fraternal, social, or service organizations.
While you cannot officially sponsor your parents for a tourist visa as you would for a family green card (e.g., IR5), you can help support their application with documentation and preparation.
🔹 Step-by-Step Process to Apply for a U.S. B-2 Visa for Parents
1. Determine Eligibility
To qualify for a B-2 visa, your parents must demonstrate to the U.S. government that:
🟩 They have strong ties to their home country (job, property, financial assets, family) 🟩 They intend to return home after a temporary stay 🟩 They can financially support themselves during the trip (or show you will support them)
2. Complete the DS-160 Form (Online Nonimmigrant Visa Application)
Each parent must fill out their own DS-160 form online. This form captures:
🟩 Biographic details 🟩 Travel purpose 🟩 Background and security questions 🟩 U.S. contact details
After submission, they will receive a DS-160 confirmation page with a barcode, which must be printed and brought to the interview.
3. Pay the Visa Fee
The current visa application fee for the B-2 category is $185 USD, which is non-refundable. Payment instructions vary by country, and usually include:
🟩 Credit/debit card payment online 🟩 Bank deposit or mobile money (based on location)
Be sure to save the payment receipt, as it’s required to book the interview.
🔹 Preparing for the Visa Interview
4. Schedule the U.S. Embassy or Consulate Interview
Your parents should schedule an appointment with the U.S. Embassy or Consulate in their home country. Required for scheduling:
Here’s a checklist of recommended documents to bring to the interview:
🟩 Valid passport (6 months validity beyond intended stay, with blank pages) 🟩 DS-160 confirmation page 🟩 Visa fee payment receipt 🟩 2×2 inch passport photo (U.S. visa photo specifications) 🟩 Proof of ties to home country (employment letter, property deeds, family obligations) 🟩 Financial documents (bank statements, pension proof, income tax returns) 🟩 Invitation letter from you (U.S. child), stating purpose of visit, relationship, and intent to return 🟩 Copy of your passport, visa status/green card, and employment verification (optional but recommended) 🟩 Travel itinerary (flight and accommodation details)
6. Prepare for the Visa Interview
The interview will be short but important. Sample questions include:
🟩 What is the purpose of your trip? 🟩 Who is funding your travel? 🟩 Where will you stay in the U.S.? 🟩 How long do you plan to stay? 🟩 Do you have family or property in your home country?
It’s critical your parents do not misrepresent their intention to stay in the U.S. The B-2 visa is strictly for temporaryvisits.
🔹 After the Interview
7. Visa Decision
The U.S. consular officer will make a decision during or shortly after the interview. If approved:
🟩 The passport with the U.S. visa will be returned via mail or pickup 🟩 Processing times range from 3 days to several weeks
If denied, the consular officer will explain the reason. Denials are typically based on failure to prove intent to return home.
8. Make Travel Arrangements
Once the visa is issued:
🟩 Book flights to the U.S. 🟩 Make sure your parents carry a copy of the invitation letter, travel insurance, and sufficient funds 🟩 Prepare them for U.S. customs (they must not carry restricted goods or large cash amounts)
🔹 Key Considerations and Common Pitfalls
🟩 Don’t file for a green card while on a tourist visa unless there is an appropriate legal change of status and legal consultation. 🟩 Avoid misrepresentation – lying about the purpose of the visit can result in a lifetime ban. 🟩 Don’t make non-refundable bookings until the visa is actually issued.
🔹 When to Consider an IR-5 Immigrant Visa (Green Card for Parents)
If your goal is to bring your parents to the U.S. permanently:
🟩 You must be a U.S. citizen over the age of 21 🟩 You must file Form I-130 to sponsor your parents 🟩 This is a longer process (1 to 2 years), but grants lawful permanent residence
TRW Law Firm can assist in both tourist visa matters and family-based immigrant visa petitions.
🌍 TRW Law Firm: Helping Reunite Families Across Borders
Whether you’re seeking to reunite for a vacation, a family celebration, or to explore the U.S. together, TRW Law Firm offers trusted legal guidance to:
🟩 Help your parents understand eligibility and application procedures 🟩 Draft strong invitation letters and affidavits 🟩 Assist with documentation, consular interview preparation, and follow-ups
How to Fill Out Form DS-160 for a U.S. Visa – TRW Law Firm
Complete Legal Guide to the U.S. Nonimmigrant Visa Application Process for Bangladeshi Applicants and Beyond
🌟 What is Form DS-160?
Form DS-160, officially titled the “Online Nonimmigrant Visa Application,” is the primary form required for applying for U.S. temporary (nonimmigrant) visas including:
B-1/B-2 (Tourism/Business)
F-1 (Students)
K-1 (Fiancé)
H-1B, O-1, L-1 (Work Visas), and more
It is submitted entirely online via the Consular Electronic Application Center (CEAC) on the U.S. Department of State’s website. This is the first and most critical step in securing a visa interview at a U.S. embassy or consulate.
✅ Key Features of the DS-160
Mandatory for nearly all nonimmigrant visa types
Requires personal, travel, and background information
Must be submitted online; no paper versions accepted
You must bring the confirmation page (with barcode) to your visa interview
You may save, retrieve, and revise your application within 30 days
TRW Law Firm helps clients ensure accuracy and completeness before submission to reduce delays and denials.
💸 DS-160 Filing Costs
Form DS-160 itself is free
However, you must pay a visa processing fee:
Visa Type
Fee
B-1/B-2, F-1, M-1, J-1
$185 USD
H, L, O, P, Q, R Visas
$205 USD
Fees are non-refundable, and TRW can assist in setting up secure fee payment options.
👥 Who Must File Form DS-160?
All nonimmigrant visa applicants, regardless of age, must complete their own DS-160 form. Minors or applicants unable to complete the form themselves can be assisted by a parent or third party, who must be identified on the form.
Common visa types requiring DS-160:
Tourist/Business (B-1/B-2)
Student (F-1, M-1)
Work Visas (H-1B, O-1, L-1)
Fiancée Visas (K-1)
Exchange Visitors (J-1)
📅 Required Documents to Fill Out DS-160
To complete the DS-160 accurately, gather the following:
