The EB-1 immigrant status is the first step of a Permanent Residence (“Green Card”)
The EB-1 immigrant status is the first step of a Permanent Residence (“Green Card”) petition and is for the individual who possesses extraordinary ability in the entrepreneurship, technology, science, arts, business or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. Bay Immigration Law is the leading firm in the Extraordinary Ability Category, and we have secured EB-1 status for UX/UI Designers, Software Engineers, Managers across various functions, Investors, Start-up Founders and Critical Employees.

EB-1A Extraordinary Ability


In order to demonstrate you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise, you must either include evidence of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

It is often the case that our clients’ achievements qualify under these criteria, as per the plain language of the regulations, even if it may not seem to be the case when you are reviewing your own accomplishments.

Contact us to learn about how your accomplishments and achievements can qualify under the criteria of the EB-1!



On average, it takes 4 – 12 weeks for Bay Immigration Law to prepare an EB-1 case to file with United States Citizenship and Immigration Services, depending on the particulars of your case. In general, the process is as follows:


We have an introductory phone call and go over your plans, requirements, and the documentation/information that will be necessary to proceed. We send out an Engagement Letter establishing the Attorney-Client Privileged relationship, and outlining the legal and government costs for the preparation and filing of the case.

Once the Engagement Letter has been returned to us, we will make a formal request for documentation and information to begin preparation of the case.


On a continuing basis we work with you to collect the information and documentation to fulfill the submission requirements for the Forms, Letter of Support and Packet.


Once the packet is complete, we prepare a physical packet (in duplicate) at our Palo Alto office and ship it to USCIS for adjudication. If you are attending a Consular Interview, we will walk you through the process of booking a Consular Interview, and will prepare you for the interview a week or two prior to the interview.


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What is the minimum amount of investment?

There is no regulatory mandated minimum amount, however we recommend that the amount be at least $75,000. This has, in practice, been accepted by USCIS to be a substantial and sufficient amount of capital, and while we have submitted and won E-2 cases with investment amounts that were as low as $50,000, we certainly do not recommend amounts less than $75,000.

What does “investment” mean?

For the purposes of an E-2 visa submission, “investment” means the placement of capital at risk, such that… Insufficient to transfer money from personal account to…

Can I use in-kind contributions/non-monetary investment?

Yes. If you have capital assets (e.g. machinery, office equipment, real estate, etc.) that would be useful for your E-2 company’s business model, then the fair market value of these assets can be used as part of the qualifying investment in securing the E-2 visa.

Can I use debt financing?
  • Yes. A loan (securitized/un-securitized, etc.) from an individual or a financial institution as the source of funding that you use as part of the qualifying investment for your E-2 company is absolutely fine. Yes, personal loans, bank loans, etc.
  • No loans secured with the assets of the E-2 investment enterprise.
I already have a business in the U.S. that I have been running from abroad, would this qualify?

It could, yes. Did you invest capital at the start of the business? If so, then it would certainly qualify. If you didn’t have to invest capital and the business grew organically, then we would have to take a look at the specifics of the business model, and the company’s financials.

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