What is an EB-1 visa?
The EB-1 visa is a category of employment-based immigrant visa in the United States that allows foreign nationals who possess exceptional skills or abilities in certain fields to obtain lawful permanent residency (green card) in the country. It is intended for individuals who have demonstrated outstanding achievements and recognition in their respective fields. The EB-1 visa category is divided into three subcategories:
- EB-1A: Extraordinary Ability This subcategory is for individuals who have reached a high level of achievement in their field, such as the sciences, arts, education, business, or athletics. To qualify, applicants must provide evidence of sustained national or international acclaim and recognition for their accomplishments.
- EB-1B: Outstanding Professors and Researchers This subcategory is intended for researchers, professors, and scholars who have demonstrated exceptional expertise and recognition in their academic or research field. Applicants must have a minimum of three years of experience in teaching or research and must be offered a permanent research position or a tenure-track teaching position at a U.S. university or institution.
- EB-1C: Multinational Managers and Executives This subcategory is designed for managers and executives who have been employed for at least one of the three preceding years by a multinational company outside the U.S. and are seeking to continue their employment with the same employer or its affiliate, subsidiary, or parent company in the United States. The U.S. entity must be involved in substantial trade or commerce between the U.S. and the foreign country of the applicant’s prior employment.
The EB-1 visa category is unique in that it doesn’t typically require a labor certification process, which is a requirement for most other employment-based immigrant visas. This means that EB-1 applicants may not need to go through the often time-consuming and complex process of obtaining a labor certification from the U.S. Department of Labor.
It’s important to note that the EB-1 visa category is highly competitive, as it is meant for individuals with truly exceptional qualifications and accomplishments. Applicants must provide substantial evidence to demonstrate their achievements and eligibility for the chosen subcategory. Consulting with an immigration attorney is advisable to navigate the application process successfully.
EB-1 visa eligibility requirements
The EB-1 visa category encompasses three subcategories, each with its own set of eligibility requirements: https://bwea.com/eb1-visa/
Here’s an overview of the eligibility criteria for each subcategory:
- EB-1A: Extraordinary Ability To qualify for the EB-1A visa, an applicant must demonstrate extraordinary ability in their field. This is typically evidenced by a sustained level of national or international acclaim. The applicant must provide evidence in at least three of the following ten categories:
- Receipt of major awards or prizes in the field.
- Membership in associations that require outstanding achievements.
- Published material about the applicant’s work in professional or major media.
- Participation as a judge of others’ work in the field.
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance.
- Authorship of scholarly articles or work in professional publications.
- Display of work at artistic exhibitions or showcases.
- Leading or critical roles in distinguished organizations.
- High salary or other substantial compensation for services.
- Commercial success in the performing arts, as shown by box office receipts or record sales.
- EB-1B: Outstanding Professors and Researchers Eligibility for the EB-1B visa requires that the applicant be internationally recognized as outstanding in a specific academic field. The applicant must have at least three years of experience in teaching or research in that field. Additionally, they must have a job offer for a permanent research position or a tenure-track teaching position from a U.S. university or institution.
- EB-1C: Multinational Managers and Executives For the EB-1C visa, the applicant must have been employed as a manager or executive for a qualifying multinational company for at least one out of the three years preceding the application. The applicant must also have the intention to continue employment in a managerial or executive capacity with the same employer or a qualifying affiliate, subsidiary, or parent company in the United States. The U.S. entity must be engaged in substantial trade or commerce between the U.S. and the foreign country.
In addition to meeting the specific eligibility criteria for the chosen subcategory, EB-1 visa applicants must also navigate the U.S. immigration process, which includes submitting a comprehensive application package with evidence of their accomplishments, achievements, and eligibility. The application process can be complex and requires careful attention to detail. It’s advisable to consult with an experienced immigration attorney to ensure that all requirements are met and to increase the chances of a successful application.
EB-1 visa cost
The cost of applying for an EB-1 visa can vary widely based on several factors, including the specific subcategory of the EB-1 visa, legal fees, and other associated costs. Here are some of the potential costs you might encounter when applying for an EB-1 visa:
- USCIS Filing Fees: the filing fees for the EB-1 visa are as follows:
- EB-1A: $700 for the Form I-140 (Immigrant Petition for Alien Worker)
- EB-1B: $700 for the Form I-140
- EB-1C: $700 for the Form I-140
- Premium Processing Fee (Optional): Premium processing is an expedited service that allows you to have your EB-1 visa application processed within 15 calendar days for an additional fee. The premium processing fee is $2,500.
- Legal Fees: Many applicants choose to work with an immigration attorney to navigate the complex application process. Legal fees can vary widely based on the attorney’s experience, location, and the complexity of the case. It’s important to discuss legal fees with potential attorneys before hiring one.
- Document Translation and Credential Evaluation: If your documents are not in English, you may need to have them professionally translated. Additionally, if your educational or professional credentials need to be evaluated for U.S. equivalency, there may be costs associated with that process.
- Travel and Miscellaneous Expenses: If you need to travel for interviews or meetings related to your EB-1 application, there could be travel expenses involved.
- Adjustment of Status or Consular Processing Fees (if applicable): After the approval of the Form I-140, if you are applying for adjustment of status within the United States or going through consular processing at a U.S. embassy or consulate abroad, there will be additional fees for these stages.
It’s important to check the official U.S. Citizenship and Immigration Services (USCIS) website or consult with an immigration attorney for the most up-to-date information regarding fees and requirements. Additionally, consider that immigration policies and fees can change over time, so staying informed about the latest updates is crucial.
EB-1 visa checklist of required documents
The specific documents required for an EB-1 visa application can vary depending on the subcategory you’re applying for (EB-1A, EB-1B, or EB-1C), your unique circumstances, and any changes in immigration regulations. However, here’s a general checklist of documents commonly required for each subcategory of the EB-1 visa:
EB-1A: Extraordinary Ability
- Form I-140, Immigrant Petition for Alien Worker.
- Detailed cover letter explaining the basis of your eligibility and the evidence you’re providing.
- Evidence of extraordinary ability in your field, including documents that demonstrate your accomplishments in at least three of the ten regulatory criteria.
- Letters of recommendation from experts in your field attesting to your extraordinary ability.
- Documentation of any major awards, prizes, or recognition you have received.
- Evidence of your contributions and impact on your field, such as publications, presentations, and media coverage.
- Copies of degrees, diplomas, and other educational qualifications.
- Curriculum vitae (CV) or resume highlighting your achievements.
- Any relevant professional licenses or certifications.
- Documentation of your role and responsibilities in your current or previous positions.
EB-1B: Outstanding Professors and Researchers
- Form I-140, Immigrant Petition for Alien Worker.
- Detailed cover letter outlining your eligibility and the evidence you’re providing.
- Documentation of your international recognition as an outstanding professor or researcher.
- Evidence of at least three years of teaching or research experience.
- Letters of recommendation from experts in your academic field.
- Documentation of your contributions to your field, such as published works, research projects, and collaborations.
- Proof of the job offer for a permanent research or teaching position at a U.S. university or institution.
- Curriculum vitae (CV) or resume highlighting your academic achievements.
- Copies of degrees, diplomas, and academic credentials.
EB-1C: Multinational Managers and Executives
- Form I-140, Immigrant Petition for Alien Worker.
- Detailed cover letter explaining your eligibility and the evidence you’re providing.
- Documentation of your qualifying multinational employment history.
- Proof of your role as a manager or executive in the foreign company and the proposed role in the U.S. company.
- Evidence of the relationship between the foreign and U.S. entities, demonstrating their affiliation as part of a multinational organization.
- Proof of the U.S. company’s substantial trade or commerce with the foreign entity.
- Documentation of your managerial or executive duties and responsibilities.
- Organizational charts and other materials illustrating the company structure.
- Any relevant contracts, agreements, or job offers related to your employment in the U.S.
Please note that this is a general checklist and the specific documents required can vary based on individual circumstances and any changes in immigration regulations. It’s highly recommended to consult with an experienced immigration attorney to ensure you have the most up-to-date and accurate information for your EB-1 visa application.
EB-1 visa processing time
The processing time for EB-1 visa applications can vary based on several factors, including the specific subcategory (EB-1A, EB-1B, or EB-1C), the current backlog of applications at the U.S. Citizenship and Immigration Services (USCIS), and whether you opt for premium processing. Here’s a general overview of processing times:
- Regular Processing: Without premium processing, EB-1 visa applications are processed in the order they are received. The processing time can vary significantly, and it’s influenced by the caseload at the USCIS Service Center handling your application. Processing times can range from several months to over a year.
- Premium Processing: Premium processing is an expedited service that guarantees a response from USCIS within 15 calendar days. However, this service comes with an additional fee. The premium processing fee was $2,500. Keep in mind that while premium processing ensures a faster initial response, it does not guarantee the approval of your application within that time frame.
It’s important to note that USCIS processing times can change due to various factors, including changes in demand, policy updates, and administrative changes. The most accurate and up-to-date information about processing times can be found on the USCIS website. You can use the USCIS Case Processing Times page to check the current estimated processing times for different types of immigration applications, including EB-1 visas.
Additionally, it’s recommended to consult with an experienced immigration attorney to get personalized guidance and information about current processing times based on the latest updates. An attorney can help you understand the potential delays and factors that might affect your specific case.