Clinch Law Firm Immigration Services
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EB-1B Processing

Step-by-Step EB-1B Application Process

The EB-1B process consists of two main stages: the preparation of the I-140 petition and the subsequent transition to a Green Card.

Employer Eligibility and Job OfferPreparing the Evidence PackageFiling Form I-140 with USCISI-140 Approval and Green Card StageReferences

Step 1: Employer Eligibility and the Permanent Job Offer

The process begins with a "permanent job offer" made by a legally "qualified employer."

Employer: Your sponsor must be either a U.S. university/institution of higher education or a private company with documented accomplishments in the field that employs at least 3 full-time researchers.

Job Offer: The position must be defined as "tenured," "tenure-track," or a "permanent" research or teaching position.

Step 2: Preparing the Evidence Package (Form I-140 Packet)

This is the most critical and labor-intensive stage of the petition. At Clinch Law Firm, we meticulously build this file to meet the high adjudication standards of USCIS (U.S. Citizenship and Immigration Services).

The file must include:

  • Proof of 3-Year Experience: Documents showing at least three years of research or teaching experience in the relevant field.
  • Evidence of "Outstanding" Ability: Concrete evidence (e.g., articles, peer-review records, awards, published material about you) demonstrating you meet at least 2 of the 6 legal criteria detailed on our EB-1B Requirements page.
  • Expert Testimonial Letters: Letters from independent, respected experts in your field confirming your "original" and "significant" contributions to the field.
  • Petition Letter (Employer Support Letter): A formal letter prepared by the employer (sponsor) detailing the job offer, explaining why you are considered "outstanding," and why you are indispensable for the position.

Step 3: Filing Form I-140 with USCIS and Adjudication

Once the complete evidence package is assembled, your sponsor (or Clinch Law Firm, as your legal counsel) files Form I-140 with the appropriate USCIS service center. At this stage, you have two options:

  • Standard Processing: The standard review process, which can take several months, depending on current USCIS workloads.
  • Premium Processing: By paying an additional fee (requested via Form I-907), you guarantee that USCIS will adjudicate your petition within a very short timeframe (e.g., 15 business days or 45 calendar days, depending on current policy).

Clinch Law Firm Strategic Note: The Risk of an RFE (Request for Evidence)

If USCIS does not find the submitted evidence sufficient, it may issue a Request for Evidence (RFE). This can delay the process by months. Our strategy is to minimize the risk of an RFE by preparing a petition that is robust enough to meet USCIS's "two-part analysis" (the Kazarian standard) from the very beginning.

Step 4: I-140 Approval and the Green Card Stage

The approval of your Form I-140 means you have been found eligible for a Green Card. After this approval, you must take the final step to receive your Green Card. This depends on your location:

A. If You Are Inside the U.S. (Adjustment of Status - AOS):

  • Visa Bulletin: We check if the EB-1 category is "Current" for your country of chargeability.
  • Form I-485 (Adjustment of Status): If your date is current, you file Form I-485 to adjust your status to permanent resident while inside the U.S. (This can often be filed "concurrently" with the I-140).

B. If You Are Outside the U.S. (Consular Processing):

Your approved I-140 petition is sent to the National Visa Center (NVC) and then to the U.S. Consulate in your home country (e.g., Ankara). You will attend an immigrant visa interview at the consulate, and upon approval, you will enter the U.S. as a Green Card holder.

Let Us Manage Your EB-1B Process with Expertise

The EB-1B application process is complex, especially regarding the need to prove the qualifications of both the sponsor and the beneficiary. At Clinch Law Firm, we specialize in translating your academic achievements into the legal language that USCIS expects to see.

References

The information on this page is based on the most current official sources in U.S. immigration law:

•
USCIS Form I-140:Form Page|Instructions

The primary petition form used by employers to sponsor foreign workers for EB-1B green cards.

•
USCIS Form I-907:Form Page

Optional form to request expedited processing with guaranteed response within 15-45 days.

•
CFR:8 CFR § 204.5(i)

Federal regulation defining the legal eligibility criteria and evidentiary requirements for EB-1B petitions.

•
USCIS Policy Manual:Vol. 6, Part F, Ch. 3

Official USCIS guidance on adjudicating EB-1B petitions and interpreting the two-step analysis approach.

Last Reviewed/Updated: 01/15/2025