Full Answer
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.
Who qualifies for EB-1 visa?
You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer.
Is an EB-1 visa a green card?
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."
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 green card?
about 8 monthsGenerally, 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. Applicants can check category status at the DOS Visa Bulletin.
How long is EB-1 valid?
ten yearsYour EB-1C will be valid for a period of ten years. After which, you need to file an I-90 Application to Replace Permanent Resident Card. This is a unique benefit because, for nonimmigrant visas, the applicant needs to file a new petition and essentially reapply for the visa.
How many people get EB-1?
Numbers grantedType20142018EB-1 visa: Priority worker, spouse and children1,6803,854EB-2 visa: Professional holding advanced degree or alien of exceptional ability, spouse and children1,8803,119EB-3 visa: Skilled worker or professional, spouse and children Other worker, spouse and children6,246 8429,557 1,190
Can spouse of EB-1 visa work?
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.
What is difference between EB-1 and EB-2?
The EB-2 visa requirements are relatively lower than those of the EB-1, making it a more accessible option for more applicants. While the EB-1, especially the extraordinary ability subcategory, is reserved for only the individuals with the highest recognition and achievements in their fields.
How many EB visas are issued each year?
The annual limit for employment-based visa use in FY 2021 was 262,288, nearly double the typical annual total. The Department of State (DOS) publishes the official figures for visa use in their Report of the Visa Office. Overall, the two agencies combined to use 195,507 employment-based immigrant visas in FY 2021.
Is EB-1 possible for 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.
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.
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.
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:
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 is an EB1 visa?
And unsurprisingly, the “1” denotes first preference. As such, EB1 visas are green cards or permanent residency reserved for foreign individuals who are being transferred from a foreign company to a branch in the United States, or aliens who have demonstrated extraordinary skill in their given field outside or within the U.S., ...
How long does it take to get a permanent residency on an EB-1?
There is no Labor Certification required or proving that you cannot hire U.S. workers. The EB-1 Beneficiary can obtain permanent residency in about a year.
What is the highest classification of visa given to aliens on an employment basis?
Though EB1 is the highest classification of visa given to aliens on an employment basis, there are two other EB visas to remain cognizant of when applying: EB2, and EB3.
Do you have to sponsor an alien on an EB1 visa?
Unlike other work-related visas, an alien applying for an EB1 alien of extraordinary ability visa (other than outstanding professors and researchers) does not have to have an employer sponsor them as long as they can show that they will continue working in their field of expertise.
EB1 Visa Overview
The EB1 classification stands for “Employment-Based First Preference Category.” An EB1 visa lets you get a green card if you’re a leader in your field. In particular, that field could be science, art, business, or athletics.
Requirements of EB1 Visa
We mentioned the categories for the EB1 visa, so we’ll now talk about the specifics of each.
Difficulty of Getting EB1 Visa
EB1 can be very hard to get because you can apply without a job offer. This means you self-petition to come and live in the U.S. permanently. The EB1 green card is for noncitizens who are the best in their fields. Examples of some individuals who would qualify are Pulitzer Prize winners, Olympic medalists, or Nobel Prize Winners.
Processing Times
Generally, getting an EB1 green card takes around 8-12 months if you’re applying in the U.S. This is because the petition (I-140) and green card application (I-485) are sent together. Alternatively, if you are applying from outside the U.S., then the process can take two years.
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 apply for a green card at the same time as my I-140?
The good news is that, at the time of writing, the Visa bulletin lists no wait times for EB-1 workers⁶. That means you’ll be able to go right ahead and apply for your Green Card at the same time your employer’s I-140 petition is being assessed.
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 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.
Do EB-1 dates retrogress?
However, this is not always the case, and there have been instances where the dates have retrogressed for the EB-1 category. Be sure to check the most recent bulletin to be sure.
Can an O-1 visa be used for an EB-1A visa?
This is why many foreign nationals who qualify for the O-1 subsequently qualify for the EB-1A
What is an EB1A visa?
The EB1A visa is an immigrant visa for people that are highly gifted in certain industries. Specifically, the EB1A visa is for foreign nationals that have an extraordinary ability in the arts, sciences, business, education, or athletics.
What is an EB1A?
The EB1A classification is an immigrant classification so it qualifies for a green card for the applicant, their spouse, and children. Also, the EB1A classification is eligible for self-petition, so an applicant can file the application on their own behalf without a foreign company applying for them. Summary:
How many steps does USCIS have to approve an EB1A petition?
USCIS has a 2-step process when determining whether to approve of deny an EB1A petition:
What is the most important part of an EB1A application?
Proving that you have extraordinary ability is the most important part of the EB1A visa application.
How long does it take to get a green card with an EB1A visa?
And, because the EB1A visa is eligible for premium processing, your application can be reviewed in just 15 days.
How many types of visas are there?
There are 2 types of visas: immigrant visas and non-immigrant visas.
Can an unmarried person get a green card with an EB1A visa?
Because the EB1A visa is an immigrant visa, if you are successful in your EB1A visa application, you qualify for a US green card. Your spouse and unmarried children under 21 years of age can also obtain their green cards through your EB1A visa approval.
What is an EB1B visa?
The EB1B visa is an immigrant visa classification for outstanding professors and researchers. To qualify for an EB1B visa, you must show that you are internationally recognized as outstanding in a specific academic area. In addition, you must show that you have at least 3 years of experience in teaching and/or research in your academic field. Also, you must show that you will be working as a professor or researcher for a US university or institute of higher education, or that you will work as a researcher for a private employer.
How to qualify for an EB1B visa?
To qualify for an EB1B visa, you must prove that you are internationally recognized as being outstanding in your academic field.
How many years of experience do you need to be a teacher to get an EB1B visa?
ii. You must have at least 3 years of experience teaching and/or doing research in your academic field. To qualify for an EB1B visa, you must have at least 3 years of experience teaching and/or doing research in your academic field.
Who files EB1B petition?
The EB1B petition must be filed by your prospective US employer. The US employer is the petitioner and you are the beneficiary. A unique advantage of the EB1B visa is that it does not require a labor certification. A labor certification is issued by the US Department of Labor and can be time consuming and tedious.
Can I travel with a green card?
With a green card, you can travel in and out of the United States. Your spouse and children are also eligible for green cards, work authorization, and the ability to go to school in the United States. ii. No Labor Certification Required.
Is it easier to get an EB1B visa or an EB1A visa?
This means that for the right candidate, it is easier to get approved for an EB1B visa than an EB1A visa.
