(Old) The Comprehensive Guide to EB-1 Visa for Immigrants

Introduction

Many talented immigrants face hurdles in getting visas to live and work in the U.S. Long wait times and uncertainty on visa approval lead to even talented people getting left out.

The EB-1 visa offers a fast track for those with extraordinary abilities or exceptional achievements. This visa recognizes the benefits these individuals bring to the country and has special benefits to those who receive it.

This comprehensive guide provides insights regarding the benefits, eligibility criteria, costs, and application process for an EB-1 visa.

What Is an EB-1 Visa?

The EB-1 visa is an employment-based visa that is meant for foreign talent with extraordinary ability, outstanding professors and researchers, and multinational managers or executives.

Through the EB-1 extraordinary ability visa, non-U.S. citizens can permanently live and work in the U.S.

Benefits of EB-1 Visa for Immigrants

There are various EB-1 visa benefits including:

Securing Permanent Resident Status

The EB-1 green card helps to secure permanent resident status in the U.S. As a result, those who obtain it can stay in the U.S. without a time limit.

Furthermore, the individuals can also work anywhere in the country without restrictions.

Eligibility for the U.S. Citizenship

Receiving an EB-1 green card can also lead to the path to citizenship in the U.S.

This is because those with an EB-1 green card are eligible to apply for citizenship after five years of continuous residence on this visa.

No Requirement of Labor Certification

One of the major requirements for other employment-based visas is the Labour Certification that needs to be received from the Department of Labor.

But, in the case of an EB-1 visa, this is not necessary which helps to save a lot of hassle.

Types of EB-1 Visa

There are three types of EB-1 Visa which include:

EB-1A: Extraordinary Ability Visa

The EB-1A is targeted towards foreign citizens who can showcase extraordinary ability in their field of science, arts, education, business, or sports.

One of the key criteria to demonstrate this is sustained national or international acclaim.

This means that the individuals need to meet at least 3 of the 10 criteria that USCIS has provided. Those who receive this visa do not need to show an offer of employment nor do they need a labor certification.

EB-1B: Outstanding Professor or Researcher Visa

The EB-1B visa is focused on outstanding professors and researchers. The applicant needs to provide evidence of at least 3 years of experience either in teaching or research within the academic area.

The individual also needs to meet at least 2 of the 6 criteria set by the USCIS while also providing an offer of employment from a U.S.-based organization.

EB-1C: Multinational Executive or Manager Visa

The EB-1C visa is for executives and managers who are working in a multinational organization. Also, the U.S. employer who is petitioning for the visa needs to have been in business for at least 1 year.

Additionally, the applicant applying for this visa needs to have worked for this company for at least 1 year in the 3 years preceding the petition.

How Long Does it Take to Get the EB-1 Visa?

The EB-1 wait time can vary by the type of EB-1 visa you are applying for. Depending on the total backlog during the time of the petition, the time to receive a decision from USCIS is usually 4 to 15 months.

But, most of the petitions get processed within a timeframe of 6 months.

To speed up the process, there is the facility of EB-1 premium processing that guarantees a decision within 15 days. Yet, choosing this option leads to an additional payment of $2,805.

Eligibility Criteria for the EB-1 Visa

The EB-1 criteria depends on the type of EB-1 visa that the applicant is aiming for. These include:

Requirements for Persons with Extraordinary Ability (EB-1A)

The key requirements for Persons with Extraordinary Ability (EB-1A) are:

• Evidence of sustained national or international acclaim in their field.
• Evidence of extensive documentation highlighting their achievements.
• 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.
• Evidence that you have been asked to judge the work of others, either individually or on a panel

Requirements for Outstanding Professors or Researchers (EB-1B)

The key EB-1 visa requirements for Outstanding Professors or Researchers (EB-1B) are:

• Have an offer to work from a U.S.-based employer for a tenured or tenure-track position or a comparable position at a university or institution of higher education.
• Evidence of original scientific or scholarly research contributions in the field
• Evidence of at least three years of experience in teaching or research.
• Evidence of international recognition for their outstanding achievements in a specific academic field.

Requirements for Multinational Managers or Executives (EB-1C)

The key EB-1 manager requirements for Multinational Managers or Executives (EB-1C) are:

• Previously employed for at least one year in a managerial or executive position by a qualifying organization that has a parent company or a subsidiary in the U.S.
• Seeking to work in the same company in a managerial or executive capacity
• The petitioner needs to have been doing business in the U.S. for at least 1 year

How Much Does the EB-1 Visa Cost?

Here is the complete breakdown of EB-1 visa costs:

Applicants Filing from Within the U.S.

• Form I-140, Immigrant Petition for Alien Worker:

• Filing Fee: $700 (paid by the employer sponsoring you)

• Immigrant Fee: $220

• Form I-485, Application to adjust status for applicants living in the U.S.:

• Filing Fee: $1140

• Biometrics:

• Fee: $85 (required for applicants aged 14 to 79)

Applicants Applying from Outside the U.S.

• Form I-140, Immigrant Petition for Alien Worker:

• Filing Fee: $700 (paid by the employer sponsoring you)

• Form DS-260:

• Filing Fee: $345

• Form I-864, Affidavit of Support:

• Filing Fee: $120

• Biometrics Fee:

• Fee: $85 (required for applicants aged 14 to 79)

Extra EB-1 Costs

While the above are the mandatory fees one has to pay, it is important to also consider the costs that need to be paid in the process of getting this visa. This includes:

• Travel costs to and from the U.S. consulate or embassy if you are not in the U.S.
• Medical examination fees
• Fees to obtain supporting documents
• Immigration attorney fees

How to Apply for an EB-1 Visa

The process for how to get an EB-1 visa depends on the type of visa the individual is applying for:

EB-1A - Extraordinary Ability

The EB-1 process for EB-1A is straightforward as applicants can self-petition by filling the Form I-140, Petition for Alien Worker.

EB-1B - Outstanding Professors and Researchers

The process for applying for EB-1B is initiated by your U.S. employer. They need to file a Form I-140, Petition for Alien Worker.

A key criterion for the U.S. employer is that they need to be able to demonstrate that they can continuously pay the offered wages to the applicant.

EB-1C - Multinational Manager or Executive

In this case, too, the U.S. employer needs to file the USCIS Form I-140, Petition for Alien Worker.

Here too, the employer needs to demonstrate through various means such as their federal tax history or annual report documentation that they can pay the prevailing wages offered to the applicant.

How Many Employment-Based (EB) Visa Categories Exist?

There are 5 Employment-Based (EB) Visa Categories which include:

First Preference (EB-1): Exceptional Ability

Among the EB visa categories, EB-1 is the most prestigious green card for persons of extraordinary ability.

Second Preference (EB-2): Advanced Degree or Exceptional Ability

The EB-2 visa is the second preference employment-based visa. It is targeted towards those who have an advanced degree or those who have exceptional ability.

Within this visa category, there is also the EB-2 National Interest Waiver (NIW) visa which is different in the sense that it doesn’t require going through the Labor Certification process.

Third Preference (EB-3): Skilled, Professional, or Other Workers

The EB-3 visa is a third preference employment-based green card which is for skilled, professional, or other workers.

In comparison with EB-1 and EB-2, the requirements are less strict which is why more people apply for this visa. This category also has a longer wait time.

Fourth Preference (EB-4): Special Immigrants

The EB-4 visa is a fourth preference employment-based green card that is targeted for special immigrants.

What this means is that individuals who do not fit into the category of other visas are directed toward EB4 visas.

Some of the occupations that are awarded with EB4 visas include religious workers, armed forces, and physicians.

Fifth Preference (EB-5): Investors

The EB-5 visa is a fifth-preference employment-based green card for foreign investors who have significant funds to invest in a U.S. company.

Usually, individuals need to invest at least $1.8 million in an enterprise where at least 10 U.S. workers are employed. In some scenarios, an investment of $900,000 is also enough.

Conclusion

The EB-1 visa is an ideal green card to receive in the U.S. because of its short wait times in comparison to other employment-based visa categories.

Yet, meeting the requirements for this visa type will need a demonstration of extraordinary ability.

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FAQs

The EB-1 visa is a category of employment-based preference for U.S. permanent residency. As a result, applying for this visa means applying for the green card.

Once this visa petition is approved, it is possible to either adjust your status to a permanent resident if you're already in the U.S. or obtain your green card through consular processing if you're outside the U.S.

There are several options available if your EB-1 visa application gets rejected including:

• Appeal or Motion to Reopen: You can appeal the decision made by USCIS if you believe that there has been an error in the decision made.
• Reapply: It is possible to reapply by understanding the reasons for rejection and submitting a new qualification that includes any additional evidence that has been requested. However, you will need to pay all the required fees again.
• Explore Alternative Visas: There are other options such as EB-2, EB-3, EB-2 NIW, H-1B Visa, O-1 Visa, or L-1 Visa that you can apply to based on your situation.
• Seek Legal Advice: Consult with an immigration attorney who specializes in such a visa to get expert guidance on the best course of action.

Looking at the data for Fiscal Year 2022, the USCIS received 25,976 Form I-140 Petitions for the EB-1 Immigrant Visa and approved 17,718 petitions, which was an approval rate of about 68.2 percent.

The EB-1 success rate is dependent on several factors including:

• All the required documents were provided
• The forms and applications were filled with accuracy
• The necessary number of eligibility criteria were met
• Whether the applicant was cleared for health or security reasons
• How much backlog is present for EB-1 applicants from the applicant’s country

Yes, it is possible to apply for both EB-1 and EB-2 at the same time to increase the chances of securing a green card. Make sure that the requirements are met while applying for each visa.

The chances of getting EB-1 for software engineers are competitive but achievable. The applicant needs to meet at least 3 of the criteria set by USCIS.

Software engineers can increase their chances of success by specializing in a specific niche. For instance, building valuable tools for car manufacturers demonstrates expertise within a specific field.

Though EB-2 is also a green card, EB-1 is more prestigious and has shorter waiting time in comparison to EB-2, which can take a few years. The process of switching from EB-2 to EB-1 visa is called green card porting.

To conduct porting from EB-2 to EB-1, it is necessary to meet the eligibility based on the type of EB-1 visa you are applying for. To aid people in this process, there is the 180-day portability rule too which allows applicants to retain their application’s validity even if they change or lose their job after filing.

As per the USCIS, there isn’t a direct path that leads from H-1B to EB-1. To apply for an EB-1 visa, the H1B visa holder needs to satisfy the requirements that EB-1 has.

Yes, both your spouse and unmarried children who are under 21 can accompany you in your EB-1 visa application.

Yes, EB-1 self-petition is possible specifically for the Extraordinary Ability (EB-1A) category without having a job offer.

However, for other categories such as Outstanding Professors/Researchers and Multinational Managers/Executives, there is a need for employer sponsorship.

Since some of the types of EB-1 visas are tied to the sponsoring employer and the specific position provided in the application, this can be tricky.

It is best to talk with an immigration attorney to assess your situation and see what can be the best move.

Every year, there is a limit of 140,000 visas for employment-based green cards. Additionally, there is a limit on the number of green cards that can be issued to a specific country too.

In the case of India, since the number of applicants is more than the limit, the processing time is longer.