The EB1 visa is the first category of immigration visas for work purposes. EB1 provides the opportunity for individuals who have excellent academic or employment records to immigrate to the United States permanently.
The person who can demonstrate these accomplishments can subsequently live and work in the United States. They are able to get legal papers from the US, such as a driver’s license, own property, further their education, get married, and have kids. After a certain period in which they have obtained the EB1 visa without problems, they will also be able to apply for US citizenship.
Who can apply for the EB1 visa?
Based on the various outcomes that people can achieve, the US government has divided the EB1 visa into three subcategories:
People with extraordinary abilities in the arts, science, education, athletics, and business. The achievements of these individuals must be extensive and/or internationally recognized and they do not need a job offer to apply for the EB1 visa.
Outstanding professors and researchers who have received international recognition for their contributions to their fields. Professors and researchers must have at least 3 years of research or teaching experience and must demonstrate that they will come to the United States to continue to advance their field in a research or teaching position at a university.
Multinational manager or executive who has worked for an international subsidiary of a US company for at least 1 year in the last 3 years. They must apply for the EB1 visa to continue working for that company, and their position in the United States must match or be superior to the one they had in a foreign country.
What are the EB1 eligibility criteria?
Based on the three subcategories of the EB1 visa, there are different requirements that applicants must meet.
Standard EB1 eligibility criteria
To qualify for the EB1 green card category, you must demonstrate that you meet at least 3 of the following criteria:
- They have received a national or international award/prize for their achievements and excellence.
- Be a member of an association for your field that continually demands progress from its members.
- Have published articles or research in your field that have been recognized in journals or media.
- You will be asked to evaluate other people’s work both individually and in groups.
- Significant contribution to your field in academic, scientific, artistic, sporting or business terms.
- They have written articles that have been published in industry publications or mainstream media.
- Present your work in exhibitions or other showcases.
- Proof that you have played a crucial role in a distinguished organization.
- You receive a high salary and are expected to be paid significantly compared to others in your field.
- Be the recipient of commercial success in the performing arts.
- EB1 eligibility criteria for Professors and Researchers
For the Professor or Researcher category, you must meet 2 of the criteria below and receive an offer from a US employer.
- Be the recipient of awards/prizes for your achievements.
- Be a member of an association for your field that continually demands progress from its members.
- Evidence that others have written and published material about your work and achievements in your field.
- Evidence that you have been asked to evaluate other people’s work either as an individual or on a panel
- Be the author of academic or scientific contributions in your field.
- You have written and published articles or books in international trade journals in your field.
- EB1 eligibility criteria for multinational managers
Finally, to qualify for the Multinational Manager or Executive EB1 visa, you must have a valid job offer from the company that had a branch or subsidiary in the foreign country and you were employed or worked with them.
How to apply for EB-1 VISA?
The candidate accepts a job that meets the above requirements
Employer Files Immigrant Petition for Foreign Workers – Form I-140 with U.S. Citizenship and Immigration Services (USCIS)
- Applicant submits Application to Register Permanent Residence or Change Status – Form I-485 with USCIS once the I-140 is approved
- Attend the I-485 interview if you have been invited for an interview
- USCIS will automatically schedule an interview in the following situations:
- – Legal status and/or identity must be validated
- – Evidence of fraud
- – The applicant has a class A or B medical condition
- – Doubts about the qualifications or eligibility of the applicant
- – Second time the I-485 application was filed
The applicant’s status will automatically change to lawful permanent resident status with the EB-1C green card
What are the fees for the EB1 visa?
There are many fees that you are required to pay while applying for EB1 visa. The amounts vary and are decided by USCIS and the US Embassy in the country you are applying from. In general, you will have to pay the following fees:
- USCIS Form I-140 Petition Filing Fee
- DS-260 Form Processing Fee
- Expenses for medical visits
- Fees for obtaining supporting documents
- Any translation costs from the foreign language into English
Can I switch from an EB1 visa to a green card?
Once your I-140 petition has been approved by USCIS, you may apply to become a lawful permanent resident if a visa is available according to the Department of State’s Visa Bulletin. The step to do this will depend on your current location.
If you are already in the United States, you can request to change your status by filling out Form I-485, known as Request for Permanent Residence Registration or Change of Status. This will be submitted to USCIS. The Form I-485 application process may take another six months, and once approved, you will be issued a green card as proof of your lawful permanent resident status.
But if you are outside the United States, you will need to apply for a visa at a U.S. embassy or consulate in your country of residence. This is called consular processing. After receiving your visa, you can enter the United States and become a lawful permanent resident.
How many categories of employment-based green cards (EB) are there?
There are five categories of employment-based green cards. They refer below:
- EB1 visa: first preferential category based on employment
- EB2 visa: second preferential category based on employment
- EB3 Visa: third preferential category based on employment
- EB4 visa: fourth preferential category based on employment
- EB5 Visa: Immigrant Investor Program
All of these visa categories lead to permanent residency. EB1, EB2, EB3 and EB4 are primarily employment-based. The EB5, on the other hand, is more of an investment visa, requiring applicants to demonstrate the ability to invest $900,000 or $1.8 million in the US economy.
How long is the EB1 visa processing time?
The processing time for an EB1 visa can range from a few months to a few years. Since work visas have a maximum limit, the EB1 processing time can be quite long. This is all determined by when you apply and whether you will be next in line by USCIS and NVC.
Is there a limit or waiting time for the EB-1 visa?
Generally there are no limits or waiting times for the EB-1 visa category as it is not subject to numerical limitations. However, individual processing times may vary.
Can I include my spouse and children in my EB-1 visa application?
Yes, you can include your spouse and unmarried children under the age of 21 in your EB-1 visa application. They may be eligible for derivative visas.
Can I change employers or positions after receiving the EB-1 visa?
The EB-1 visa is tied to the sponsoring employer and the specific position mentioned in the application. However, under certain circumstances, you may be able to change employers or positions while maintaining your EB-1 status. It is best to chat with an immigration attorney to understand your options and requirements.