EB1 visa application procedures from foreign worker
- File Form DS-260, Online Immigrant Visa Application. The applicant or foreign worker must complete this form which serves as an application for the EB1 visa.
- Complete medical examination and vaccination. In the NVC package, there will also be requirements about medical examinations and vaccination that the applicant must conduct.
- Compile the supporting documents file for the EB1 visa. After the NVC approves your Form DS-260, you must send the supporting documents for your case. ...
- Attend the EB1 visa interview. The NVC will review your application and supporting documents and if there are no more requirements, they will schedule an interview for you at the ...
- Have received a national or international price/award for their achievements and excellence.
- Be a member of an association for their field which continuously asks for advancements from their members.
What documents do I need for an EB1 visa?
- 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
Can I apply for EB1 from outside USA?
To qualify, one must have been employed outside the U.S. for at least one year within the past three years as a manger or executive by an organization related to the U.S. company sponsoring the foreign national. Further, the person must be coming to work for the related U.S. entity in a managerial or executive capacity.
Do I qualify for EB1?
To qualify for the EB1 green card category, you must prove that you meet at least 3 of the criteria below: Have received a national or international price/award for their achievements and excellence. Be a member of an association for their field which continuously asks for advancements from their members.
Can H1B visa holder apply for green card in EB1?
To apply for green card in EB1C you need to qualify for the category, however, there is no requirement to work in the US or ever step on the US soil before obtaining said green card. Therefore, there is no requirement to ever hold H1B or not hold H1B.
How do I qualify for EB-1 visa?
You must have at least three years of experience in teaching or researching in that academic area. You must be entering the United States to pursue tenure, a tenure track teaching, or comparable research position at a university or other institution of higher education.
How hard is it to get EB-1 visa?
EB-1A Visas are the most difficult to get, as well as the most flexible as you can self-petition without a job offer. You'll need to either fulfil 3 of 10 USCIS requirements, or show a one time achievement which justifies the visa offer. The examples given are winning a Pulitzer Prize, and Oscar or an Olympic medal.
How long does it take to get EB-1 visa?
about 8 monthsThe USCIS reports the most current EB-1 processing times. Generally, the government processing time for the EB-1 Visa is about 8 months. Once the EB-1 has been approved, the government takes about 6 months to issue permanent residence. These times are only available if the EB-1 category is current.
How much cost is for EB1?
What is the cost of an EB-1 visa? The fee for an EB-1 visa comes to $1,045: The USCIS filing fee for Form I-140 is $700, and the Department of State visa processing fee is $345.
Can I file EB-1 myself?
EB-1 applicants can self-petition for an Immigrant Visa for Alien Worker, If approved, such immigrant visa petition will result in a green card. To initiate the process, the applicant need to file Form I-140, with the USCIS.
Is EB-1 faster than eb2?
In general, the EB-1 green card processing time is much faster than the EB-2 wait time for most applicants. There are two reasons for that: EB-1 Green Card does not require PERM certification, resulting in a significant reduction in EB1 processing time. All of the chargeability countries have current priority dates.
Can I file EB-1 on h1b?
EB-1 Eligibility for H-1B You must have worked for this employer abroad for at least one consecutive year in the three years before filing your petition. You must be coming to the U.S. to work as a manager or executive for that employer.
Who comes under EB-1 category?
The EB-1 visa is an employment-based green card available to foreign nationals who demonstrate extraordinary ability in their field, whether the sciences, the arts, education, business, or athletics. Evidence proving extraordinary is by "sustained national or international acclaim."
Can Spouse Work on EB-1?
Benefits of the EB-1 Visa Residency in the U.S. Ability to work in the U.S. EB-1 visa holders are allowed to bring dependents to the U.S., such as a spouse or unmarried children under the age of 21, on a dependent visa. An offer of employment is not necessary for the EB-1(A) category.
Is PhD required for EB-1?
With a PhD degree, you can file self-petition for U.S. Green Card in EB1 Extraordinary Ability category (EB-1A), or in EB2 National Interest Wavier (EB2-NIW), without U.S. employer to sponsor your Green Card application in these categories.
Can I switch from EB2 to EB-1?
She simply needs to self-petition and file a new I-140 for the EB-1A along with supporting evidence and fees. Therefore, porting from an EB-2 to an EB-1 green card is more like filing for a brand new green card from scratch and keeping your original priority date.
How long does it take to get I-140 approved in EB-1?
about 5.5 to 6.5 monthsForm I-140 For EB1A and EB1B petitions, the I-140 takes about 5.5 to 6.5 months to process with standard processing.
How much does it cost for green card EB2?
EB2 Visa Fees There are different fees you will have to pay when applying for the EB2 visa. The I-140 filing fee is $700, and you may also pay an $85 biometrics fee. The I-485 filing fee depends on the applicant's age. Usually, the price is between $750-$1,140.
How much does an EB3 visa cost?
EB-3 visas cost $345 and take about six (6) months to get. EB-3 visa holders get automatic legal permanent residence (green card) and may eventually be able to naturalize.
How long does EB2 visa take?
As a general overview, the EB2 visa processing time usually takes about 18 months from start to finish, but it can take up to several years in certain cases (depending on your country of birth).
Who Can Apply for the EB1 Visa?
Based on the various achievements that people can have, the U.S government has divided the EB1 visa into three sub-categories:
What is the EB1 Visa?
The EB1 visa is the first category in the employment based immigration visas. EB1 gives the opportunity to people who have great academic or work achievements to immigrate to the U.S permanently.
How long is the EB1 visa Processing Time?
The processing time for an EB1 visa can be from a few months to a few years. Since the employment-based visas have a cap, the EB1 processing time can be quite long. This is all determined by when you apply and whether you are next in line from USCIS and NVC.
What are the EB1 Eligibility Criteria?
Based on the three sub-categories of the EB1 visa, there are various requirements that applicants must meet.
How long do you have to be working for an international company to get an EB1 visa?
Multinational managers or executives who have been working for an international branch of a U.S company for at least 1 year in the past 3 years. They must be applying for the EB1 visa to continue working for that company and their position in the U.S must match or be higher than the one they had in a foreign country.
What happens if my employer denies my visa?
If approved, the case will go to the National Visa Center (NVC). If denied, the U.S employer is not allowed to hire a foreign worker.
What is an employment sponsored visa?
These Employment Sponsored Visas allow foreign workers who have found an employer willing to hire them to come to the U.S permanently and work without an Employment Authorization Document.
What Are EB1 Visas?
EB1 visas, or the Employment-Based Extraordinary Ability Green Cards, First Preference, represent a type of permanent residency visa available for immigrants looking to settle in the U.S. The green card obtained under this category is an employment-based one. For this reason, it is one of the visas that most immigrants are looking towards thanks to its benefits. However, it is a visa available to immigrants who were able to prove their extraordinary ability in their particular field, whether it’s arts, sciences, business, or another one.
How long does it take to get an EB1 visa?
Usually, you have to wait around 8 months for an EB1 visa to be processed by the government. Then, after the approval of the I-140, it may take around 6 months until the government gives you the green card you were longing for.
How many criteria do you need to prove extraordinary ability?
In order to have chances to prove extraordinary ability, you must meet at least 3 out of 10 criteria that the USCIS set. Otherwise, you should bring proof of an achievement you made that was exceptional.
How long do you have to do business before filing a petition?
Also, the employer petitioning must be a U.S. employer, and he/she must have done business for at least one year before submitting the application.
Is there a waiting time for an EB1 visa?
The dates for the visa priority are current, meaning that there isn’t any enforced waiting time; compared to other green cards, the waiting time for an EB1 visa might be significantly shorter
What is an EB-1 visa?
EB-1 Visas — also known as first preference employment based visas — are issued to a select group of people who want to live and work in the US. Once you have your EB-1 Visa, and have arrived in the country, you’ll often be able to apply quickly for an adjustment of status to permanent residence. This means you get your employment based Green Card.
How difficult is it to get an EB-1A visa?
EB-1A Visas are the most difficult to get, as well as the most flexible as you can self-petition without a job offer. You’ll need to either fulfil 3 of 10 USCIS requirements, or show a one time achievement which justifies the visa offer. The examples given are winning a Pulitzer Prize, and Oscar or an Olympic medal.
How to get a green card for an alien worker?
The first step in the process is to have your employer petition — or self petition — for entry to the US as an alien worker. Technically, once this form has been approved, workers have to wait their turn in line until a visa becomes available. This process is run through the Visa Bulletin — a system to help people waiting for Green Cards understand the likely backlog before their paperwork is processed⁵.
What form do I use to enter the US as an alien?
Have an employer petition for your entry to the US as an alien worker, or self petition if you fall into the extraordinary ability category, using Form I-140
How to get a green card if you are not in the US?
If you’re not in the US yet, but are eligible for an EB-1 Visa, you’ll need to apply for that via your local US consulate or embassy, and then apply for your Green Card once you have arrived in the US.
Can I file an I-485 with an employer?
Most employment based visa holders are able to file their I-485 concurrently with the employer’s submission of Form I-140⁴. This means you don’t need to wait for approval to move ahead in the queue to get your Green Card.
Do employers have to pay for sponsoring?
There’s no legal requirement for either employer or employee to cover the costs — so it’s a matter of agreeing the best possible deal with your workplace before you start.
What is an EB1?
The EB1 Outstanding Researcher or Professor immigrant visa classification (EB1B, EB-1B, EB1-OR) is the employment-based first preference immigration. The EB-1B petition consists of Form I-140 and supporting documents to show that the alien beneficiary meets EB1 Outstanding Researcher or Professor criteria. The U.S. employer intending to employ a professor or researcher who is outstanding in an academic field may file a Form I-140 petition in such classification. Employer should file it for the alien employee.
What are the advantages of applying for an EB-1?
The major advantages of applying for aliens of extraordinary ability include: no labor certification is required for this EB-1 category; no job offer or permanent job position is required for aliens of extraordinary ability; and much faster to obtain a Green Card than the EB-3 or EB-2 immigration categories.
What is an extraordinary ability green card?
EB1 Extraordinary Ability green card application is in the employment-based immigration visa first preference (EB1) category known as EB1A or EB1EA. Among all three categories under EB-1, only EB-1A allows self petition—meaning, an individual can petition an EB-1A case for himself/herself without any U.S. employer to act as the sponsor/petitioner. However, EB-1A also has a very high standard of law. It requires the petitioner to show that the individual has either won some major award (Nobel Prize, for example) or met at least three out of ten regulatory criteria and show that the individual has "risen to the very top of the endeavor with national or international acclaim." After the precedent case, Kazarian v. USCIS (Two-Part Analysis for EB1-A Petition), the adjudicating officers are applying a two-part adjudication approach—after determining whether the individual has met at least three regulatory criteria, the adjudicator must consider all of the submitted evidence in totality to make a determination as to whether the foreign national meets the requisite level of expertise for the category. EB1A green card application has clear advantages for scholars, researchers, post doctoral research fellows, Ph.D. students, and other advanced degree professionals.
When an employer wishes to transfer an alien employee working abroad to a U.S. company as an EB1?
company as an EB1 Multinational Executive or Manager immigrant, a qualifying relationship must exist between the foreign employer and the U.S. employer. A qualifying relationship exists when the U.S. employer is an affiliate, parent or a subsidiary of the foreign firm, corporation, or other legal entity. To establish a qualifying relationship under the regulations (EB1C), the petitioner must show that the foreign employer and the U.S. employer are the same employer, or related as a parent/subsidiary or as affiliates.
How long does an employer have to be doing business to be a beneficiary?
The employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation that employed the beneficiary abroad. The beneficiary must be employed in a managerial or executive position.
Can an employer file an I-140?
A United States employer may file a petition on Form I-140 for classification of an alien as a multinational executive or manager. No Labor Certification is required for this classification. The prospective employer in the United States must furnish a job offer in the form of a statement that indicates that the alien is employed in the United States in a managerial or executive capacity. Such a statement must clearly describe the duties performed by the alien.
Do you have to have a permanent offer of employment in the US?
Therefore, applicants who can demonstrate their extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim are not required to have a permanent offer of employment in the US and are eligible to self-petition, however, they must intend to work in the US in their field of expertise.
What is the benefit of EB-1A?
Another invaluable benefit of the EB-1A is the expedited processing time. Other green card categories not only require an employer to go through the PERM process, but they also have backlogs that can substantially increase the wait time. When you file your I-140 petition, that date becomes your priority date.
What is an EB-1A lawyer?
Our EB-1A Extraordinary Ability Lawyers are experienced in identifying if you qualify under one of the Extraordinary Ability categories.
How long does it take for USCIS to process a petition?
On average, however, it tends to be around 6 months. If this is too long for you, you can opt for premium processing. This service provided by the USCIS will shorten your petition’s processing time to 15 calendar days for an extra fee. If the USCIS does not meet this deadline, you will be refunded your premium processing fee.
How to get a DS-260 visa?
You will also need to complete the DS-260 online immigrant visa application and bring the confirmation page to the appointment.
Why is it important to have an EB-1A lawyer?
Because the USCIS itself defines extraordinary ability on a case-by-case basis, it is important to have an EB-1A lawyer work with you to make sure that your case is solid.
How long does it take to get a consular visa?
Some applicants find themselves waiting several months while others only wait a few weeks. Once you arrive for your interview, you will be asked questions about your experience, education, career, and work in the U.S. to determine if your application is legitimate and that you are qualified.
How much does it cost to get an I-485?
I-485 fee: $750-1,140. This fee changes depending on your age. See this chart to find out where you stand.
What is EB1 in education?
This subcategory of EB1 is reserved for those with extraordinary ability in the sciences, arts, education, business, or athletics. To qualify, the foreign national must be able to show sustained national or international acclaim. The individual’s achievements in the field generally must be evidenced by extensive documentation.
Can a foreign national be sponsored for EB1?
It is not unusual for a foreign national to be sponsored for an employment-based, third preference (EB3) position, and to later “upgrade” to an employment-based, second preference (EB2) position in a subsequent case, based on a higher level degree and/or additional work experience. For many, this raises the question about the prospect of upgrading to the coveted employment-based, first preference (EB1) category. While it certainly is possible for a person with an EB2 or EB3 position to then be sponsored for an EB1 position, it is important to understand that the criteria to qualify for EB1 is not simply a matter of additional schooling or experience as seen in the transition from EB3 to EB2.
What is the first thing you need to do to get an EB-1 visa?
For all EB-1 visa applications, the first thing is for the petitioner to file an I-140 Petition for Immigrant Workers with the USCIS. If filed by an employer, it must demonstrate that employer’s continuing ability to pay you the agreed wage as of the priority date.
How Do Priority Dates Work for EB-1 Visa?
For most green cards, the largest factor that determines the processing time is the priority date. Most green cards are subject to the priority date system, so it is important to be familiar with it before beginning your EB-1 journey.
What does e-filing do for USCIS?
E-filing the application and supporting documents will allow USCIS to automatically reroute the documents to the appropriate service center based on the applicant’s intended state of employment.
What happens after a successful immigration interview?
After a successful immigration interview, you will be issued a visa to travel to the U.S. and get your green card. The consular processing also involves various steps which include a visa application, a medical examination, and interview appointments.
How long does it take to get an adjustment of status?
This form will add about six months to your EB-1 processing time and premium processing is not available. If approved, your nonimmigrant status will be “adjusted” to immigrant status and your green card will be issued in the mail soon afterward.
How long does it take to get an I-485?
under a qualifying nonimmigrant status and applying to adjust to permanent resident status. You will need to wait until your priority date becomes current before submitting your I-485 petition to the USCIS. It takes an average of six months to process I-485 form, but as we’ll see later on in this article, waiting for the priority date to be current can drastically change the overall processing time.
How long does it take to get an extraordinary ability petition?
Receiving approval for your Extraordinary Ability petition via form I-140 can take up to six months from the time of filing with USCIS. Since this processing time may vary depending on the regional service center’s caseload you might want to consider premium processing.
