Frequently Asked Questions (FAQ)

What is the EB-1 visa?

The EB-1 is an employment-based immigrant visa that provides a direct path to a green card without requiring labor certification. It is available to:

• Individuals with extraordinary ability in the sciences, arts, education, business, or athletics (EB-1A)

• Outstanding professors or researchers (EB-1B)

• Multinational executives or managers (EB-1C)

Who qualifies for an EB-1 visa?

Eligibility depends on the subcategory:

• EB-1A: You must demonstrate sustained national or international acclaim in your field.

• EB-1B: Requires international recognition and at least 3 years of teaching or research experience.

• EB-1C: You must have been employed in a managerial or executive role for at least one year with a qualifying international company.

What is the EB-2 visa?

The EB-2 visa is for individuals who:

• Hold an advanced degree (or its equivalent), or

• Possess exceptional ability in the sciences, arts, or business.

It typically requires a permanent job offer and labor certification unless the applicant qualifies for a National Interest Waiver (NIW).

What is a National Interest Waiver (NIW)?

The NIW allows certain EB-2 applicants to bypass the job offer and labor certification if their work substantially benefits the U.S. It’s ideal for professionals making contributions of national importance.

What’s the difference between EB-1A and EB-2 NIW?

• Both allow self-petitioning, so no employer is needed.

• EB-1A has a higher bar: it requires personal acclaim and extraordinary ability.

• EB-2 NIW focuses more on the impact of your work, making it more accessible.

Can I self-petition for these visas?

Yes. Both EB-1A and EB-2 NIW allow applicants to self-petition without needing a U.S. employer sponsor.

Can I include my family?

Yes. Your spouse and unmarried children under 21 can apply for green cards as derivative beneficiaries.

How long does the EB-1 or EB-2 process take?

Timelines vary. In general:

• EB-1 petitions move faster, especially for countries without visa backlogs.

• EB-2 NIW petitions may take longer, but premium processing is now available for both.

Do I need an attorney to file?

No, but having an experienced immigration attorney greatly increases your chances of success. At Whitaker & Warburton, we specialize in EB-1 and EB-2 petitions and provide personalized legal strategies for each client. We do not rely on templates—we build compelling cases tailored to your achievements.

What can I expect if I work with your firm?

Step 1 – Contact us via phone, email, or our online evaluation form.

Step 2 – One of our principal attorneys will contact you within one business day to discuss your goals and recommend a strategy.

Step 3 – If you retain us, we’ll provide a retainer agreement and clear payment information. Some cases include a partial refund if not approved.

Step 4 – You’ll receive secure access to our case management system outlining required documents and steps.

Our attorneys will draft 3–6 tailored recommendation letters and build a comprehensive filing package.

Step 5 – We handle all USCIS communications, including RFEs at no additional charge.

Step 6 – If your case is not approved, we will refund part of the fee or refile at no cost, depending on your case type.

We also assist with filing I-485 Adjustment of Status applications for you and your family.

Why should I use an immigration law firm and not AI to prepare my application?

While AI tools can provide general information, they cannot replace the skill, strategy, and judgment of an experienced immigration attorney. U.S. immigration law is complex, fast-changing, and highly discretionary. A successful petition often depends on far more than simply filling out forms, it requires knowing how to frame your achievements, anticipate USCIS concerns, and avoid red flags that could lead to delays or denials.

At Whitaker & Warburton, we:

• Strategize your case: We know which evidence is persuasive for each visa category and how to present it effectively.

• Stay current: Immigration policies shift frequently; we track changes in real time and adjust strategies accordingly.

• Anticipate risks: USCIS decisions are discretionary, and what works in one case may not work in another. Our litigation and agency experience help us minimize risks.

• Advocate for you: If your case faces delays or challenges, only a law firm can intervene with USCIS, file motions, or take your case to federal court. AI cannot represent you.

AI can provide information, but it cannot provide advocacy. Choosing a firm like Whitaker & Warburton ensures your application is not just complete, but also compelling, strategic, and protected.