EB-1 Visa Attorney in Miami

Over 40 Years of Experience, Including Supreme Court Advocacy

The EB-1 is a first-preference employment-based immigration category that leads directly to lawful permanent residency. Unlike most employment-based green card pathways, EB-1 petitioners are exempt from the PERM labor certification process. The category covers three distinct groups: individuals with extraordinary ability in their field, outstanding professors and researchers, and multinational managers or executives. South Florida’s concentration of international professionals, academics, and business leaders makes this one of the most consequential petition types we handle.

At Kurzban Kurzban Tetzeli & Pratt, we have been navigating the full spectrum of employment-based immigration for years. Our team serves clients throughout Florida and internationally, and our reputation in this field extends well beyond Miami. Founding partner Ira J. Kurzban has argued multiple cases before the U.S. Supreme Court. He is also the author of Kurzban’s Immigration Law Sourcebook, the reference text used by judges, government officials, and immigration attorneys nationwide. John Patrick Pratt is certified by the Florida Bar in Immigration and Nationality Law, and Helena Tetzeli is a member of the American Immigration Lawyers Association.

Why EB-1 Petitioners Choose Kurzban Kurzban Tetzeli & Pratt

EB-1 petitions succeed or fail on the strength of the evidentiary record. That’s where our immigration litigation background becomes a direct advantage. Founding partner Ira J. Kurzban has argued multiple immigration-related cases before the United States Supreme Court. He is also the author of Kurzban's Immigration Law Sourcebook, a reference guide used by judges, government officials, and immigration attorneys nationwide. That appellate and courtroom depth shapes how we approach every petition we file.

Our attorneys are strong litigators who understand what USCIS adjudicators scrutinize and how to respond when they push back. We build each I-140 petition with precision and narrative coherence, which can reduce the risk of a Request for Evidence and position the record well if an appeal becomes necessary.

Recognition from the legal community reflects the caliber of this work:

• Chambers USA (2024) recognition for immigration
• AV Preeminent rating from Martindale-Hubbell
• Super Lawyers selection
• Lawdragon 100 Leading Attorneys
• Who’s Who in American Law recognition for immigration

We offer personalized representation tailored to each client’s profile, industry, and circumstances. When matters extend beyond Florida, we coordinate with a network of local counsel to support clients across other jurisdictions.

The Three EB-1 Subcategories

The EB-1 category is divided into three subcategories, each with distinct eligibility requirements. Understanding which applies to you determines the evidence you’ll need and whether an employer sponsor is required.

EB-1A: Extraordinary Ability

EB-1A applies to individuals with extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated through sustained national or international acclaim. No job offer or employer sponsor is required. Applicants may self-petition by filing Form I-140 directly with USCIS.

To meet the criteria, the petitioner must show either evidence of a one-time major international achievement (such as a Pulitzer Prize, Academy Award, or Olympic medal) or satisfy at least three of ten regulatory criteria: prizes and awards, membership in associations requiring outstanding achievement, published material about the individual, participation as a judge of others’ work, original contributions of major significance, authorship of scholarly articles, display of work at artistic exhibitions or showcases, a leading role in distinguished organizations, command of a high salary relative to peers, or commercial success in the performing arts.

EB-1B: Outstanding Professors and Researchers

EB-1B applies to professors and researchers who are internationally recognized for outstanding achievements in a particular academic field and who have at least three years of experience in teaching or research. Unlike EB-1A, an offer of employment is required from a U.S. university, institution of higher education, or a qualifying private employer that employs at least three full-time researchers and has documented accomplishments in the academic field.

Petitioners must document at least two of the following: receipt of major prizes or awards, membership in associations requiring outstanding achievement, published material about the petitioner in professional publications, participation as a judge of others’ work, original scientific or scholarly research contributions of major significance, or authorship of scholarly books or articles in the field.

EB-1C: Multinational Managers & Executives

EB-1C applies to managers or executives being transferred to the United States by a qualifying multinational organization. The employee must have worked for the same employer (or an affiliate, subsidiary, parent, or branch of that employer) outside the United States for at least one year within the three years preceding the petition, in a managerial or executive capacity. The U.S. employer must file the I-140 petition on the employee’s behalf.

All three subcategories are exempt from the PERM labor certification process. When the Visa Bulletin shows a current priority date for EB-1, applicants in valid nonimmigrant status may file Form I-485 (adjustment of status) to apply for their green card concurrently with or after the I-140.

The EB-1 Petition Process

Every EB-1 matter begins with an eligibility assessment to determine which subcategory fits the applicant’s background and what documentary evidence is available to support the petition.

Building the Evidentiary Record

For EB-1A and EB-1B petitions, the evidentiary record is the petition. Evidence typically includes awards, published work, media coverage, letters from recognized authorities in the field, proof of a leading or critical role in organizations, and documentation of salary or commercial success relative to peers. A thorough, well-organized record can reduce the likelihood of a Request for Evidence (RFE), which asks the petitioner to supply additional documentation before a decision is issued.

Filing Form I-140 & Next Steps

The primary filing is Form I-140, Immigrant Petition for Alien Workers, submitted to USCIS. Premium processing is available for EB-1 petitions and provides a faster adjudication timeline for those with time-sensitive circumstances.

If the priority date is current under the Visa Bulletin, applicants in valid nonimmigrant status inside the United States may file Form I-485 for adjustment of status. Applicants outside the United States proceed through consular processing at a U.S. embassy or consulate. The EB-1 category generally maintains a more favorable priority date than other employment-based preference categories, which makes timely and complete filing particularly valuable.

Start Your EB-1 Petition with Confidence

Whether you meet the criteria under the extraordinary ability, outstanding researcher, or multinational executive category, the path to permanent residency requires a well-constructed petition from the outset. Our EB-1 visa attorney works with clients throughout Miami-Dade, across Florida, and internationally to build that record.