what is an eb 1 visa

What is EB-1 visa in USA?

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

Who are eligible 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.

Is EB-1 visa easy to get?

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.

Is EB-1 same as green card?

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.

How long does it take to get an 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 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 much is 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 spouse of EB-1 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 the current wait time for green card?

It may take up to 90 days from the date you entered to receive your permanent resident card. You entered the U.S. using your immigrant visa, You paid the immigrant visa fee AFTER you entered, It may take up to 90 days from the date you made your payment to receive your permanent resident card.

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 an immigrant visa?

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 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 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 are EB-1 Visas?

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 long is the webinar for the EB1-1?

If you are interested in the EB1-1 for the Sports Industry, please make sure you watch this 60-minute webinar: “How To Win an O-1 or EB-1 in the Sports Industry”

What is online visa?

OnlineVisas is an ancillary law-related services company of the Velie Law Firm.

What is the most useful piece of evidence to prove extraordinary ability in an EB1-1 application?

One of the most useful pieces of evidence to prove extraordinary ability in an EB1-1 application is winning a national or international award, whether as an individual or as part of a company or team, or even to have coached a third party who went on to win great recognition.

Is there a wait time for EB1 visa?

EB1 Visa Priority dates are “current”, i.e. there is no enforced wait time, which means the wait can be a lot shorter than for other Green Cards.

Is USCIS taking EB-1 green cards?

USCIS is now taking the Adjustment of Status components of the EB-1 green cards ...

Is it difficult to get an EB1 visa?

For these reasons, EB1-1 visa applications are subject to extremely close scrutiny, and they are among the most difficult visas to obtain.

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.

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.

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.

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.

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.

Overview

• In order to demonstrate you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise, you must either include evidence of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed criteria bel…

See more on uscis.gov

People who can apply

Eligibility criteria

Application

The EB-1 is a preference category for United States employment-based permanent residency. It is intended for "priority workers". Those are foreign nationals who either have "extraordinary abilities", or are "outstanding professors or researchers", and also includes "some executives and managers of foreign companies who are transferred to the US". It allows them to remain permanently in the US.

See also