Visa-Faq.com

what is eb1a visa

by Khalid Schinner Published 3 years ago Updated 2 years ago
image

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

More items...

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.

image

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-1A 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 do I get an EB-1A visa?

EB-1A Requirements: Able to provide evidence of extraordinary ability in the sciences, arts, education, business, or athletics. Reputable in your field and have documented confirmation of the applicant's achievements. Continue to work in the recognized field. Obtain national or international acclaim.

How long is EB-1A 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 does EB-1 cost?

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.

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 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.

What is the difference between EB-1 and eb2?

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.

When can L1A get green card?

If you are in the US on an L1 visa then you must apply within 2 years of entry to qualify for an EB1C Green Card. The requirements for employment based immigration (permanent residence) under the EB1C immigrant scheme are similar to the requirements for the L1A Executive and Manager visa category.

Is there premium processing for EB-1A?

Expedited service, known as “Premium Processing,” is available on EB-1A applications. Premium Processing requires an additional $1410 fee, and in return the USCIS will make an initial decision on the case in 15 days.

How long does it take to get I-140 approval in EB-1?

about 6 monthsGenerally, the government processing time for an Eb-1 visa extraordinary ability petition is about 8 months. Once the I-140 has been approved, the government takes about 6 months to issue the permanent residence card.

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.

What is an extraordinary ability?

Extraordinary Ability (EA) is a subcategory of the EB-1 Employment-Based Green Card. EA qualifies a “small percentage of individuals who have risen to the very top of their field of endeavor.” The individual must be a leader in at least one of the listed areas:

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.

What age can I apply for E-14?

If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.

What form do I need to file for an alien worker?

Multinational Manager or Executive: Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker.

How to demonstrate national or international acclaim?

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 below (or comparable evidence if any of the criteria do not readily apply):

What is an EB1A Visa?

EB1A is an employment-based immigration visa that is reserved for foreign nationals of extraordinary ability in the sciences, arts, education, business, or sports.

What is the distinguishing factor for an EB1A visa?

A distinguishing factor of the EB1A Visa is the requirement of “extraordinary ability”. To satisfy this requirement, the prospect must be able to reveal that he or she is among a small portion of individuals who have risen to the top of his/her field.

How to expedite EB1A?

To further expedite your processing time, you may want to seek assistance from an immigration attorney while filing your EB1A petition. Having an expert’s eye to look over and guide you through each detail can ensure that there are no errors that would lead to a denied or otherwise delayed application.

What are the advantages of an EB1 visa?

One of the most notable advantages of the EB1-A Visa is the expedited processing time. Other types of green cards not only need a company to go through the PERM procedure, but they likewise have backlogs that can considerably increase the wait time.

Will the presence of foreigners benefit the United States?

The foreign individual’s presence will benefit the United States.

Does an EB1A visa require a job offer?

Among the primary advantages of the EB1A Visa is that it does not require a PERM Labor Certification or a job offer from a US company. With the help of an immigration lawyer, the candidate has the ability to submit a “self-petition” on the USCIS I-140 form. This is among the quickest ways to obtain a green card for those who meet its strict qualifications.

What is an EB1A visa?

An EB1A visa falls under the employment-based first preference category. It is one of the two types of employment-based green cards that do not require an employer sponsor – the other being National Interest Waiver (NIW) visas under the employment- based second preference category. Under the EB1A category, the foreign national can self-petition and does not need a job offer or a PERM labor certification.

What does USCIS do?

First, the United States Citizenship and Immigration Services (USCIS) determines if the applicant has submitted enough evidence to show that he/she:

What does "extraordinary ability" mean?

Have extraordinary ability in science, art, education, business, or athletics, which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation;

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."

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.

What is online visa?

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

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”

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 EB1 visa?

The EB1 visa is an immigrant visa classification that is divided into 3 separate sub-categories: 1. EB1A for people with extraordinary abilities; 2. EB1B for outstanding professors and researchers and 3. EB1C for multinational managers and executives.

How to qualify for an EB1B visa?

To qualify for an EB1B visa, you must show that you are internationally recognized as outstanding in your field. To prove this, you must properly satisfy at least 2 of the 6 categories listed below.

What is the third category of EB1?

The third category of the EB1 visa is EB1C. The EB1C visa is reserved for multinational managers and executives. Interestingly, the EB1C visa is much different than the EB1A and EB1B visa categories.

How many categories are there in an EB1 visa?

One of the interesting aspects of the EB1 visa is that it has 3 separate categories which are very different from each other and have different requirements for approval.

How many years of experience do you need to get an EB1B visa?

To qualify for an EB1B visa, you must also show that you have 3 years of experience teaching or conducting research in your field. All 3 years of experience should be completed prior to filing the petition for your EB1B visa.

How long do you have to work to get an EB1C?

2. The EB1C visa beneficiary must have worked continuously for the foreign employer for at least 1 year within the last 3 years prior to filing the EB1C petition

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.

image

* Criteria For Demonstrating Extraordinary Ability

  • 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 below (or comparable evidence if any of the criteria do not readil...
See more on uscis.gov

Application Process

  1. Extraordinary Ability:You may apply for yourself by filing a Form I-140, Petition for Alien Worker.
  2. Outstanding Professors and Researchers:Your U.S. employer must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continui...
  1. Extraordinary Ability:You may apply for yourself by filing a Form I-140, Petition for Alien Worker.
  2. Outstanding Professors and Researchers:Your U.S. employer must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continui...
  3. Multinational Manager or Executive:Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continui...
  4. For more information on filing fees, see File My Application Online

Family of EB-1 Visa Holders

  • If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.
See more on uscis.gov

More Information

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9