EB-1 Green Card Guide

 

Do you have extraordinary abilities, work as a professor or researcher at a University or as a manager or executive in a multinational company? If your answer to any of those questions is “yes”, you should know that you may be eligible for the EB-1 visa. Compared to other Green Card categories, the EB-1 is one of the fastest methods to obtain U.S. permanent residency, and in this article, we will guide you through its process and requirements.

 

What is the EB-1 visa for?

The EB-1 visa is the first category in the employment-based immigration visas that gives the opportunity to a person who has work or academic achievements at a certain level to immigrate to the U.S. permanently.

 

Who can apply for the EB-1 visa?

There are three types of H-1B visa: The H-1B for specialty occupations; The H-1B2 for Department Of Defense Researcher and Development Project Workers; And the H-1B3 for fashion models.

 

Who can apply for the H-1B visa?

The EB-1 visa is recommended to individuals that fit the category of a noncitizen of extraordinary ability, an outstanding professor or researcher, or a certain multinational executive or manager. Each occupational category has certain requirements:

 

Extraordinary Ability:

Someone who has an extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

Must provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) as well as evidence showing that you will be continuing to work in the area of your expertise.

 

Outstanding professors and researchers:

Demonstrate international recognition for your outstanding achievements in a particular academic field and have at least 3 years of experience in teaching or research in that academic area. Must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, an institution of higher education, or a private employer.

 

A multinational manager or executive:

The person has been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity.

 

What are the EB-1 Eligibility Criteria?

To qualify for the EB-1 visa for Demonstrating Extraordinary Ability, you must either include evidence of a one-time achievement (internationally-recognized award) or 3 of the 10 listed criteria below:

 

  • Received a national or international prize or award for achievements and excellence.
  • Prove your membership in associations in the field which demand outstanding achievement of their members.
  • Published material about you in professional or major trade publications or other major media.
  • Been asked to evaluate the work of other people either as an individual or in a panel.
  • Contribution to your field in a scholarly, scientific, artistic, athletic, or business-related area in a significant way.
  • Have written articles that have been published in trade publications or major media.
  • Have your work featured in exhibitions or other showcases.
  • Evidence that you have performed a crucial role in a distinguished organization.
  • Receive a high salary and you are expected to be paid significantly as compared to others in your field.
  • Be the recipient of commercial success in performing arts.

 

To qualify for EB-1 visa for Professors and Researchers, you must include evidence of 2 of the 6 listed criteria below and have an offer from a U.S. employer:

 

  • Be the recipient of awards/prizes for your achievements.
  • Be a member of an association in your field which continuously asks for advancements from its members.
  • Proof that others have written and published material about your work and achievements in your field.
  • Evidence that you were asked to evaluate the work of other people either as an individual or in a panel.
  • Be an author of scholarly or scientific contributions in your field.
  • Have written and published articles or books in international trade journals in your field.

 

To qualify for the EB-1 visa for Multinational Manager or Executive:

 

You must have a valid job offer from the company that had a branch or subsidiary in the foreign country and was employed or worked with them.

 

How long is the EB-1 visa Processing Time?

It depends. The processing times for an EB-1 visa can vary from a few months to a few years.

 

Are there any fees I have to pay for the EB-1 visa?

There are some fees that you are required to pay for while you apply for the EB-1 visa. The amounts can vary, and they are usually decided by USCIS and the U.S Embassy in the country you are applying from. In most cases, you will have to pay the following fees:

• USCIS Form I-140 petition filing fee.
• Form DS-260 processing fee.
• Medical examination fees.
• Fees to obtain supporting documents.
• Any translation fees from a foreign language to English.

 

Can I bring my family on an EB-1 visa?

Yes, you can. If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status.

 

How is the application process?

For Extraordinary Ability: You may apply yourself by filing a Form I-140, Petition for Alien Worker.

For Outstanding Professors and Researchers: Your U.S. employer must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.

For Multinational Manager or Executive: Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.

 

If you are interested in learning more, please click here.

 

Disclaimer*

All information contained on this website is provided for general informational purposes only. The materials available are not legal advice on any matter. To obtain professional legal advice, it is always advisable to contact an Attorney.

 
The information provided on this post does not, and is not intended to, constitute legal advice. All information and content available on this website is for general informational purposes only. Information on this website may not constitute the most up-to-date legal information. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the website or post does not create an attorney-client relationship between the reader, user, browser, website authors, and contributors.

 

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