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.
What is EB-1 visa USA?
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.
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 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 long does EB-1 green card take?
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.
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.
How can I get EB-1 green card?
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.More items...
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 are the EB-1 categories?
There are three (3) types of EB-1 petitions: Alien of Extraordinary Ability (EB-1A Visa) Outstanding Researcher/Outstanding Professor (EB-1B Visa) Managers and Executive Transferees (EB-1V Visa)
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.
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 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.
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 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.
What is an EB-1 visa?
An EB-1 visa is the first preference category for applicants who are leaders in the fields of science, art, education, business, or athletics. The EB-1 category is divided into three subcategories:
What is the second subcategory of EB-1B?
EB-1B – The second subcategory is meant for outstanding researchers and professors. Eligibility for this green card is shown through the applicant’s contributions to their field. You must have international recognition, at least three years of experience, and a job offer for a permanent position in the U.S. Apart from these, the EB-1B subcategory also has six different eligibility criteria. You must meet at least two of those requirements.
How Do Priority Dates Work for EB-1 and EB-2 Green Cards?
It doesn’t matter whether you are getting an EB-1 green card or an EB-2, you will need to deal with priority dates. If you are not sure what a priority date is, here is a quick run-through.
What is the third subcategory of the EB-1 green card?
EB-1C – The third and last subcategory of the EB-1 green card is geared toward the executives and managers of multinational companies that have a branch in the U.S. and in at least one other country. To qualify, you must meet the USCIS standards for an executive and manager.
How many years of experience do you need to be an EB-1B?
You must have international recognition, at least three years of experience, and a job offer for a permanent position in the U.S. Apart from these, the EB-1B subcategory also has six different eligibility criteria. You must meet at least two of those requirements.
Which is more advantageous, EB-2 or EB-1?
The EB-1 green card is considered more advantageous and prestigious than EB-2 for the following reasons:
Can I file an I-485 and an EB-1?
If you submit your EB-1 I-140 and I-485 petitions concurrently, this can pave the way for early work authorization for your spouse and/or children to get employment before the green card application is approved .
