EB-1 Visa

EB-1 Visa

The EB-1 visa is a type of employment-based visa that allows foreign nationals with exceptional abilities in their field of work to live and work in the United States. The EB-1 visa is one of the most sought-after visas in the United States, as it provides a direct path to permanent residency, also known as a green card.

There are three categories under which a person can apply for an EB-1 visa:

  1. EB-1A: Individuals with extraordinary ability in sciences, arts, education, business, or athletics
  2. EB-1B: Outstanding professors and researchers
  3. EB-1C: Multinational managers or executives

 

We’ll take a closer look at each of these categories and the eligibility requirements for each.

EB-1A Visa

The EB-1A visa is for individuals with extraordinary ability in sciences, arts, education, business, or athletics. To qualify for an EB-1A visa, you must be able to provide evidence that you have received sustained national or international acclaim in your field of work. This can be demonstrated through a combination of awards, media coverage, and other achievements.

To qualify for an EB-1A visa, you must meet at least three of the following requirements:

  • You have received a major international award, such as a Nobel Prize or Pulitzer Prize
  • You have been recognized for your achievements by professional associations, such as the Academy of Motion Picture Arts and Sciences or the National Academy of Sciences
  • You have published scholarly articles or books in your field of work that have been widely cited by others in your field
  • You have been asked to judge the work of others in your field, such as serving on a panel of judges for a prestigious award
  • You have made original contributions to your field of work that are highly regarded by others in your field
  • You have been employed in a leading or critical role in a distinguished organization or company
  • You have commanded a high salary or other compensation for your work in your field of expertise.

 

EB-1A NIW Visa Category:

The EB-1A NIW category is designed for individuals with extraordinary ability in the sciences, arts, education, business, or athletics who can demonstrate that their work is of national importance to the United States. To be eligible for an EB-1A NIW visa, you must demonstrate that you have sustained national or international acclaim and recognition in your field of expertise, and that your work has a substantial and intrinsic merit that would benefit the United States. You must also demonstrate that the national interest would be adversely affected if a labor certification were required for you to obtain lawful permanent residence.

EB-1B Visa

The EB-1B visa is for outstanding professors and researchers who have been recognized internationally for their work in their field of study. To qualify for an EB-1B visa, you must be able to provide evidence that you have at least three years of experience in teaching or research in your field and that you have received international recognition for your work.

To qualify for an EB-1B visa, you must meet at least two of the following requirements:

  • You have received major prizes or awards for your work in your field of study
  • You have been recognized internationally for your work in your field through publications or other media coverage
  • You have been invited to present your work at conferences or other professional events in your field of study
  • You have made significant contributions to your field of study through your research or teaching
  • You have been employed in a leading or critical role in a distinguished organization or company in your field of study.

EB-1C Visa

The EB-1C visa is for multinational managers or executives who have been employed in a managerial or executive role at a foreign company for at least one year and are being transferred to a U.S. branch, subsidiary, or affiliate of that company. To qualify for an EB-1C visa, you must be able to provide evidence that you have been employed in a managerial or executive role at a foreign company for at least one year and that you will continue to be employed in a managerial or executive role at the U.S. branch, subsidiary, or affiliate. To qualify for an EB-1C visa, you must meet the following requirements:

  • You have been employed in a managerial or executive role at a foreign company for at least one year out of the past three years
  • You will be employed in a managerial or executive role at a U.S. branch, subsidiary, or affiliate of the foreign company
  • The U.S. branch, subsidiary, or affiliate must have been operating for at least one year before the application for the EB-1C visa is filed
  • You have the authority to make decisions and manage the U.S. branch, subsidiary, or affiliate of the foreign company
  • The U.S. branch, subsidiary, or affiliate of the foreign company must be engaged in international trade

EB-1 Visa Application Process

To apply for an EB-1 visa, you must first file a Form I-140, Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). The petition must be filed by your employer, not by you as the employee. Your employer must be able to demonstrate that you meet the eligibility requirements for the category of EB-1 visa that you are applying for.

Once your Form I-140 is approved, you can then file a Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain a green card. If you are outside of the United States when your Form I-140 is approved, you must apply for an immigrant visa at a U.S. consulate or embassy in your home country.

EB-1 Visa Processing Time

The processing time for an EB-1 visa can vary depending on a number of factors, such as the category of visa you are applying for, the volume of applications being processed by USCIS, and the complexity of your case. Typically, the processing time for an EB-1 visa can range from six months to a year or more.

Once your Form I-140 is approved, you can then file a Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain a green card. If you are outside of the United States when your Form I-140 is approved, you must apply for an immigrant visa at a U.S. consulate or embassy in your home country.