Aside from family members and immediate relatives, the US Government also grants visas to individuals who are eligible to work inside the country. Employment-based Visas enable foreign workers who have found an employer willing to hire them to migrate to the United States and work here permanently without the need for an Employment Authorization Document (EAD).
An immigrant may qualify for EB-1-1 status if they can demonstrate exceptional talent in the fields of science, arts, business, athletics, or education, through continuous international or national acclaim. This blog takes a look at the requirements a foreign worker needs to qualify for an EB-1 visa. Keep reading to find out more.
Overview of EB-1 Visa
The EB-1 Visa is among the employment-based visa subcategories in the United States. Because it provides some flexibility and perks that other comparable visas do not, some people regard it as the first preference employment-based visa.
The EB-1 visa is a first-preference visa available to three categories of foreign citizens. The EB-1A subcategory is for persons with exemplary ability, the EB-1B subsection is for exceptional professors, and the EB1C subsection is for some multinational managers and executives.
You have to be able to show that you have consistently received national or international recognition in your industry. This employment visa is available to specialists in several fields, such as science, education, the arts, athletics, and business.
The EB-1 green card provides subsequent applicants with the United States green card, also referred to as permanent residency status. This implies that once you have it, you are free to live and work in the country for as long as you like.
Following the receipt of your EB-1 visa, you could also apply for US citizenship. Once you have resided in the country as a permanent resident for five consecutive years, you can then apply for citizenship.
The EB-1 is highly sought after because it has a noticeably shorter application waiting period than most immigrant visa groups, which could sometimes take several years. Besides that, it exempts you from obtaining a Certification of Labor, which is a crucial requirement for the majority of other employment-based visas.
Eligibility Requirements for EB-1 Visas
The employment-based immigrant visa EB-1 is available to three categories of people:
- Certain multinational managers and executives
- Exceptional researchers and professors
- Those with exceptional talent in arts, sciences, athletics, or business
Each one of the aforementioned subcategories has unique requirements that applicants have to fulfill.
Eligibility Criteria for People with Extraordinary Ability (The EB-1A Visa)
To qualify for an EB-1 visa within this sub-group, you need to prove that you have extraordinary ability. That means that you can demonstrate that you are among the top 1% of experts in your profession and have won recognition on a national or global scale.
This EB-1 sub-category has ten requirements. You need to satisfy a minimum of three of them or offer proof of one-time exceptional achievements, including a globally renowned honor like the Nobel Prize, Academy Award, or Olympic medal.
Additionally, you need to provide proof that you'll keep working in your area of expertise. Below are the ten requirements for this visa:
- Evidence of receiving lesser-known international or national prizes or awards for distinction
- Proof that you have been asked to evaluate the work of others, either on your own or as a member of a board
- Evidence of affiliation with organizations in your field that demand highly successful performance from their members
- Proof showing that you've published scholarly articles in professional or major trade journals, or any other mainstream media
- Proof that you have been mentioned in important publications, including those that are professionally oriented and/or major media
- Proof of any original athletic, scholarly, scientific, business, or art-related contributions toward your industry
- Proof of your accomplishments in key or executive positions with well-regarded organizations
- Proof that any work you have done has been displayed or shown at exhibitions or art showcases
- Evidence demonstrating your artistic and commercial success
- Proof that you receive a larger salary or another monetary compensation in comparison to others in your field
No employment offer is necessary for successful candidates who meet the criteria for individuals with exceptional talent. This implies that you don't need to find an employer to hire you to be qualified.
This is just one of the many exceptional benefits that the EB-1A visa gives. Additionally, they are exempt from the labor certification process.
Qualifications for an Exceptional Researcher or Professor (EB-1B)
You need to have a minimum of 3 years of experience teaching or conducting research in your academic field if you want to be considered for an EB-1 green card as an exceptional researcher or professor. You also need to be able to show evidence of receiving international acclamation for exceptional accomplishments in a particular field of study.
You need to satisfy two out of the six requirements for eligibility that USCIS has set. Additionally, you must present proof of an offer of employment from an employer based in the United States. The six requirements are as follows:
- Evidence of major prizes or awards you've received for exceptional performance
- Proof that your academic work has been featured in professional journals written by others
- Proof of membership in a group or association that requires members to keep a record of their outstanding achievements
- Proof that you have served as a judge of another individual's work in a similar academic discipline, either on a panel or individually
- Evidence that you have authored books or scholarly articles on the topic (in scholarly publications with global circulation)
- Proof of original scientific research or innovative scholarly contributions in the field
In addition to fulfilling these requirements, you should be entering the country to seek a tenure track or tenure in teaching or a similar research position at a university, a higher education institution, or a private organization.
If you're planning to work in a private organization, the employer has to provide documented achievements in their discipline and show that they hire at least 3 full-time researchers. However, there is no requirement for labor certification.
Qualifications for Multinational Executives or Managers (EB-1C)
To be eligible for an EB-1 visa as an international manager and executive, you should have worked for at least a year outside the United States in the 3 years before the visa application. If you already hold a non-immigrant visa and are working in the US, you should have served for at least one year abroad before coming to the US.
Additionally, the US-based company that will submit your visa application needs to have been in operation for at least 1 year. Additionally, they need to be connected in some way to the business where you had your employment abroad.
Qualifying relations include being an affiliate or subsidiary of the corporation in another country. They should demonstrate that you'll be in an executive or managerial role. However, a job offer from a company based in the US is mandatory even though there is no need for labor certification.
Applying for an EB-1 Visa
There are several steps in an EB-1 visa application process that includes both the foreign employee and the employer. The application process is divided into two parts:
- The US-based company gets the labor certification and submits the relevant petitions
- If the application is granted, the foreign employee files for an EB-1 visa at the US Embassy in the home country
If your application is based on your extraordinary abilities, you don't need to have an employer file your petition. Instead, you can do it yourself. You'll need an employer to submit the petition on your behalf if you want to apply for a researcher/professor or international manager EB-1 visa.
Procedures for Applying for an EB1 Visa From a US Employer
Below are some of the procedures that your US employer will use when applying for an EB-1 visa application:
Obtaining a Labor Certification
The first step in hiring a foreign employee in the United States is to obtain a labor certification from the United States Department of Labor. This is accomplished by submitting Form ETA 750 to the Department of Labor. By filling out this form, the US employer acknowledges that they tried to hire a US employee for the advertised position but were unable to do so and that the foreign immigrant would be paid the prevailing wages.
The DOL processes the form, and after making a decision, notifies the employee and employer. If the certification is accepted, the US-based employer can proceed to the next round. However, if it is rejected, the foreigner will not be able to receive an EB1 visa.
Filing a Petition
In addition to labor certifications, the employer should apply with the US Citizenship and Immigration Services, also known as USCIS. This is accomplished by submitting Form I-140. The employer should also provide audits, tax returns, and financial statements to verify the company's financial stability. As an applicant for an Extraordinary Ability EB-1 visa, you could apply with USCIS and pay the required fees.
USCIS will review the application and notify your employer once they decide. If the application is approved, it will be sent to the National Visa Center (NVC). If rejected, the US-based employer will not be allowed to hire a foreign employee.
When the case is presented to the NVC, an invoice ID number and a case number will be assigned. These files will be included in the package containing guidelines on how to apply, which would be mailed to the foreign employee's home country. However, due to the EB-1 visa cap, the NVC would only release the document when the individual's priority date becomes active.
Procedures for Applying for an EB1 Visa as a Foreign Worker
Below are some of the procedures that a foreign employee will use when applying for an EB-1 visa application:
Fill out Form DS-260
A foreign employee or applicant should fill out this form, which counts as an EB-1 visa application. The form would be reviewed by the Consulate or US Embassy where the applicant has applied.
Complete Vaccination and Medical Examinations
The NVC package would also include requirements for medical checks and vaccinations that the individual must complete. The applicant should visit a licensed physician to complete and sign the documents.
Gather the Relevant Documentation and Submit an EB1 Visa Application
The NVC should approve your Form DS-260 before you can submit the supporting documentation for your claim. To file for an EB-1 Visa, you need to submit the following documents with your application:
- Your passport, which should be valid for at least six months after your desired departure date to the United States
- Certified medical and immunization records
- Your job offer from a company based in the United States
- An official labor certification
- A confirmation page for your DS-260
- An approved petition
- Court and criminal records
- Evidence showing you meet the requirements for the category to which you're applying
- Letters from prior employers, Two pictures that meet the US visa photo requirements
Based on the circumstances, the NVC would request additional supporting documents. Therefore, you should carefully follow the guidelines.
Show up for the EB-1 Visa Interview
The NVC would assess your petition and supporting documentation, and if no further requirements exist, they'll set up an interview for you at the Embassy from which you're applying. Attend the scheduled interview and respond to questions about your background and other information as precisely as possible. The interviewer will ultimately decide whether or not to grant you an EB-1 visa.
Get the NVC Parcel and Proceed to the United States
If your EB-1 visa application is accepted, you'll receive a document from the NVC. This package should not be opened under any circumstance. When entering the US, bring it with you and present it to the immigration officer onsite. Only they have the authority to open it and determine if you should be permitted to enter the United States.
How Much Do Eb1 Visa Fees Cost?
There are several fees that you will incur while applying for an EB-1 visa. The costs vary and are determined by the USCIS and the US Embassy in the region from where you apply. You'll be required to pay for the following in general:
- Fees for filing DS-260
- Fees for filing Forms I-140 with the USCIS
- Medical examination fees
- Fees for obtaining supporting documentation
- Any costs associated with translating a foreign language to English
How Long Does it Take to Process an EB-1 Visa?
The processing time is largely determined by the backlog at the USCIS office that is handling your I-140 petition. You would receive a verdict from the USCIS within four to fifteen months. However, most of the petitions are resolved within 6 months.
If you want to speed up the procedure, you can choose a premium processing package that guarantees a judgment within fifteen days. To do so, you need to file Form I-907, along with a $2,500 fee. EB-1A applicants can enjoy a faster process than applicants of other categories since they don’t have to wait for a job offer. However, compared to other employment-based visas, the application process for all EB-1 visa categories is often quicker.
This is because labor certification is not required. After presenting your I-140 petition, either through an employer or by yourself, you'll receive the following reports from USCIS:
- Confirmation receipt that they have received your application
- Biometric appointment notice, if applicable
- A notice to appear for an interview, if necessary
- Notice of decision, which would either accept or reject the application
Can I Convert My EB-1 Visa into a Green Card?
After the USCIS approves your I-140 petition, you can apply to become a legal permanent resident if your visa is available. The next stage will be determined by your current location. If you're already living in the US, you can seek to change your status by submitting Form I-485, Adjust Status, or Application to Register Permanent Residence.
This application will be forwarded to the USCIS. Form I-485 applications may take up to 6 months to process, and once granted, you'll be awarded a green card as confirmation of your legal permanent resident status. However, if you live in a foreign country, you can apply for a visa at the US consulate or embassy in your home country. This is referred to as consular processing. Once you have your visa, you are free to visit the country and apply for legal permanent residency.
How Many Employment-Based Green Card (EB) Categories are There?
There are 5 types of green cards based on employment. They are identified as follows:
- The first preference category for employment-based visas denoted as EB-1 Visa
- The second preference category for employment-based visas denoted as EB-2 Visa
- The third preference category for employment-based visas denoted as EB-3 Visa
- The fourth preference category for employment-based visas denoted as EB-4 Visa
- An immigrant investor program denoted as EB-5 Visa
All of these visa types result in permanent residence. The first four visa categories are primarily based on employment. On the other hand, the EB-5 Visa is more of an investment visa, requiring applicants to prove they have the financial ability to make an investment worth $900,000 or $1.8 million in the economy.
Find an Los Angeles Immigration Attorney Near Me
At California Immigration Attorney, we have a team of attorneys who are well-versed in US immigration law. Our immigration attorneys have a great deal of experience handling EB-1 visas as well as other US visas. Call us today at 424-789-8809 to learn more about how we can assist you.