Frequently asked questions
Can every EB-1 applicant self-petition?
No. Self-petitioning is associated with EB-1A. EB-1B and EB-1C generally require a qualifying U.S. employer petitioner.
Does this page provide U.S. legal advice?
No. It provides general program information. U.S. legal advice and representation must be delivered through an appropriately authorized U.S. immigration professional under a written engagement.
Are visas immediately available in every category?
No. Many immigrant categories are numerically limited. Priority dates, chargeability and the Department of State Visa Bulletin can affect timing.
Can an approval be guaranteed?
No. Eligibility, evidence, admissibility, visa availability and agency discretion all affect the result.
Is a job offer required?
EB-1A may be self-petitioned and does not require a permanent job offer, but the applicant must intend to continue work in the field.
Can an EB-1B applicant self-petition?
No. EB-1B requires a qualifying U.S. employer to file the petition.
Is L-1A status required first?
Not necessarily, although the classifications may share concepts. EB-1C has its own statutory and evidentiary requirements.
Is every master’s degree holder eligible?
No. The position, degree, experience, employer process and admissibility all matter.
Does NIW require a US job offer?
The NIW can waive the job-offer and labor-certification requirements, but the applicant must still establish the proposed endeavor and ability to advance it.
Can I file EB-3 without an employer?
EB-3 generally requires a permanent full-time job offer and a U.S. employer petitioner.
Is an EB-5 investment guaranteed to be returned?
No. Immigration eligibility and investment performance are separate. Investors need independent due diligence and should understand that capital is generally placed at risk.
Must I manage day-to-day operations?
The investor must engage in management through day-to-day control or policy formulation, but the appropriate structure depends on the enterprise and governing documents.
Does regional-center approval make a project safe?
No. Immigration compliance and investment quality are distinct. Independent legal, securities, tax and financial review is essential.
Is Canada an E-2 treaty country?
Canada is listed as an E-2 treaty country, but individual nationality, ownership and all other requirements must still be established.
Can the owner transfer to the United States?
Ownership does not prevent L-1A eligibility, but the corporate relationship, prior employment, U.S. role and temporary assignment must all be established.
Is entrepreneur parole a visa?
No. It is a discretionary period of parole tied to the qualifying startup and founder role.
Does company ownership alone qualify a transfer?
No. The entities, employee, prior employment and proposed U.S. role must each satisfy the classification.
Can a green card holder sponsor every relative?
No. Lawful permanent residents may petition for specified spouses and unmarried children; categories available to U.S. citizens are broader.
How long does NVC processing take?
Timing varies with visa availability, document completeness, country, post capacity and individual circumstances.