An EB-1 visa is a type of employment-based, first-preference visa for individuals who have extraordinary abilities in the arts, sciences, education, business, or athletics. This visa allows recipients to live and work permanently in the United States. To qualify for an EB-1 visa, an individual must demonstrate exceptional ability in their field, as well as evidence of sustained national or international acclaim.
To qualify for an EB-1 visa, an individual must demonstrate exceptional ability in their field, as well as evidence of sustained national or international acclaim. This can be demonstrated through a combination of factors such as awards, publications, and other recognition of their work.
People who fit into the following categories are eligible for visas:
- people with exceptional abilities
- outstanding academics and scientists
- certain international executives or managers
People of extraordinary ability in the first category may self-petition. You can obtain this visa without having a job lined up, according to this. Other candidates will require a U.S. based employer, but the process for the employer to apply for the candidate as an alien employee is streamlined since no labor certification is required.
EB-1A The most difficult kind of visas to obtain are also the most flexible because you can self-petition without having a work offer. You must either meet three of the ten USCIS standards or demonstrate a one-time accomplishment that supports the visa offer. Examples cited include receiving an Olympic medal, an Oscar, or a Pulitzer Prize.
If the one-time achievement rule does not apply to you, the following requirements must be met to demonstrate your extraordinary ability:
- Being awarded nationally or internationally recognized prizes or awards
- Being written about in major media or trade media
- Having made major contributions to your field
- Evidence you command a higher salary than others doing the same job
- Evidence of your commercial, artistic, or scholarly work having been extraordinarily successful
You must meet two of the six requirements and have a job offer that qualifies as tenure-track or tenure-eligible teaching in order to apply for an EB1-B visa. These consist of:
- Winning major prizes
- Contributing greatly to your chosen field
- Judging others’ work
- Having made scholarly contribution in your discipline
EB-1C Visa candidates are managers and executives at a multinational company. For this visa type, you must have an active employment offer and have worked outside of the US for at least one of the previous three years.
Obtaining a Green Card via the EB-1 pathway entails numerous steps:
- Using Form, I-140, have your employer petition for your entry to the U.S. as an immigrant worker, or self-petition if you have outstanding ability.
- Once a visa is obtained, use Form I-485 to file for a change of status from visa holder to Green Card holder.
- Wait for a decision from USCIS.
Most employment-based visa holders can file their I-485 at the same time as their employer submits Form I-140. This means you won’t have to wait for approval before moving forward in the line to receive your Green Card.
The transition from an EB-1 visa to a Green Card is a change of status. That can only be done from within the US because it requires changing your status from a work-related visa to a work-based Green Card.
If you are not yet in the United States but are eligible for an EB-1 Visa, you must apply through your local US consulate or embassy, and then apply for your Green Card after you arrive.
The time it takes to obtain your EB-1 Green Card varies depending on your circumstances.
The first stage is for your company to apply — or for you to self-petition — for entry into the United States as an alien worker. Once this form is approved, workers must wait their turn in line until a visa becomes available. The Visa Bulletin is used to help people waiting for Green Cards understand the potential delay before their form is processed.
The good news is that, as of this writing, there are no EB-1 wait times listed in the Visa Bulletin. That implies you can apply for your Green Card at the same time that your employer’s I-140 petition is being reviewed.
The I-140 form’s processing time is determined on whether you choose regular or premium processing. Premium processing takes 15 days and is available to candidates in the EB1 and EB2 categories. If you do not fit into one of these categories, you can track the status of your application online by entering your case number into the USCIS tracking website.
When you apply for an employment-based Green Card, you must pay certain costs.
There are two filing fees to consider for the EB1 Green Card:
Form I-140: Petition for an Alien Worker $700.
Form I-907: premium processing request: 2,500 USD.
Form I-485: Status Change: $1,140 USD + $85 USD biometric cost.
If you’re applying through an employer, it’s worth negotiating who pays these and other relevant fees. There is no legal duty for either the employer or the employee to fund the costs, so it’s a matter of negotiating the best possible arrangement with your company before you begin.
Remember that there may be additional charges, such as applying for dependent Green Cards or having papers translated or notarized as part of your proof pack. If you are not yet in the United States, you must also pay for your travel and the transportation of your personal goods.
Our experienced team of professionals will help you with your EB-1 Visa here.
