EB1 Visa: Simplified (Do you qualify for this Green Card category)

Do you want to know everything there is to know about the EB1 visa? This green card category is one of the most popular options for those looking to immigrate to the United States, and there are many benefits that come with it. In this blog post, we will provide a comprehensive overview of the EB1 visa. We will discuss what it is, who is eligible for it, and the process involved in obtaining it. So if you are interested in learning more about this immigration option, keep reading!

What is EB1 Visa?

The EB1 visa, also known as the first preference employment-based immigrant visa, is available to foreign nationals who have

• Extraordinary ability in the field of science, arts, education, business, or athletics
• Outstanding Professors or Researchers, or
• Certain Multinational managers or executive

The EB1 visa is a highly sought-after immigration option because it offers many benefits. For starters, it allows individuals to live and work permanently in the United States. Furthermore, holders of this visa are able to bring their spouses and children under the age of 21 with them to the United States. Finally, the EB1 visa gives holders the ability to apply for U.S. citizenship after five years (if they meet all other eligibility requirements)

Who qualifies for EB1 Visa?

EB1 visa requirements?

Let me talk about the requirements or eligibility criteria to be met for each of the above 3 categories:

A. Criteria to be met for an alien of Extraordinary ability (EB-1A)

• This category is also sometimes called EB-1A. you could be in the field of Science, arts, education, business, or athletics and must prove extraordinary ability through sustained national or international acclaim
• Here you have to either prove 3 of the 10 criteria below OR provide evidence of a one-time achievement.
• you should also show evidence that you will be continuing to work in the area of your expertise.
• The EB-1A category doesn’t require an offer of employment or labor certification

So what are the 10 criteria for EB-1A?

1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence. (The keyword here is lesser as in it should not be something very common)
2. Evidence of your membership in associations in your field that demand outstanding achievement of their members. (The keyword here is demand)
3. Evidence of published material about you in professional or major trade publications or other major media.
4. Evidence that you have been asked to judge the work of others, either individually or on a panel.
5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field. (keyword here is major significance)
6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
7. Evidence that your work has been displayed at artistic exhibitions or showcases
8. Evidence of your performance of a leading or critical role in distinguished organizations
9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
10. Evidence of your commercial successes in the performing arts

Source: USCIS.gov

B. Criteria to be met for Outstanding professors and researchers (EB-1B)

• This Category is also sometimes called EB-1B. Here you must show international recognition of your achievement in your specific academic field.
• Must have at least 3 years of experience in teaching or research in that area
• You must show that you are entering the United States to pursue a tenure or tenure track teaching or comparable research position. This could be at a university, a private employer or an institution of higher education. In the case of a private employer, the employer must show documented accomplishments and that they also employ at least 3 full-time researchers.
• Here you also have to meet 2 of the 6 criteria that are listed by the USCIS below.
• You must also show an offer of employment by the US employer, but good thing is that you don’t need any labor certification

so what are the 6 criteria for EB-1B?

1. Evidence of receipt of major prizes or awards for outstanding achievement
2. Evidence of membership in associations that require their members to demonstrate outstanding achievement
3. Evidence of published material in professional publications written by others about your work in the academic field
4. Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
5. Evidence of original scientific or scholarly research contributions in the field
6. Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field. Source: USCIS.gov

C. Criteria to be met for Multinational Manager or Executive (EB-1C)

• This category is sometimes called EB-1C. Here you must have been employed outside US for the same company or business for a minimum of 1 year in the last 3 years.
• This US employer must have the intent to employ you in a managerial or executive role
• The US employer must be doing business for at least 1 year as a legal entity and they must have a relationship with the company or business you are working with abroad as a manager or executive.
• The good news here is that there is no requirement for Labor certification

Sounds simple?

How to apply for EB1 Visa

This depends on the category you choose. Read the application process below:

A. Application Process for extraordinary ability category(EB-1A)

• Here you can self-petition, meaning you can apply Form I140(Petition for alien worker) for yourself
• Once your I140 is approved you can then apply for adjustment of status by filing I485 depending on whether your priority date is current. Once your I485 is approved you would become a lawful permanent resident and you would get a green card.

B. Application Process for Outstanding professors and Researchers(EB-1B)

• Here the US employer files Form I140
• During this process, the US employer must prove their ability to pay the offered wage as of the priority date
• The employer can use an annual report, federal income tax, and /or audited financial statement to demonstrate their ability to pay you the wages
• Once your I140 is approved you can then apply for adjustment of status by filing I485 depending on whether your priority date is current. Once your I485 is approved you would become a lawful permanent resident and you would get a green card.

C. Application Process for Multinational Manager or Executive (EB-1C)

• Here the US employer files Form I140
• During this process, the US employer must prove their ability to pay the offered wage as of the priority date
• The employer can use an annual report, federal income tax, and /or audited financial statement to demonstrate their ability to pay you the wages
• Once your I140 is approved you can then apply for adjustment of status by filing I485 depending on whether your priority date is current. Once your I485 is approved you would become a lawful permanent resident and you would get a green card.

EB1 Visa cost

As of the publishing date of this article for the USCIS fee :

• The cost for filing I140 – $700
• the cost for premium processing(if applicable and optional) – $2500

Then there is a separate fee associated with the Form I485 adjustment of status (considering your I140 is approved)

• this could range anywhere from 750$ to 1225$ for each individual (see the below chart)

Note: There could be other miscellaneous fees, like attorney fees, medical exam fees (form I693), and shipping fees which are not covered here.

EB1 Visa processing time

please check the following link from USCIS https://egov.uscis.gov/processing-times/ for the official processing times.

Which is better EB1 or EB2

The answer depends upon your individual circumstances and would also closely relate to the priority dates which in effect are tied to the country that you are from. if you believe you can meet the criteria stipulated above for an EB1 petition, you could choose EB1 over EB2

How hard is it to get an EB1 visa?

Going purely based on numbers according to the USCIS for the Fiscal Year 2019, of the total 24,170 I140 applications received under the EB1 category, only 12,268 were approved. others were either denied or pending.

Conclusion

The EB1 visa is a highly coveted visa that allows foreign nationals of extraordinary ability to live and work in the United States by obtaining a green card(Lawful permanent residence). While the EB1 visa is extremely competitive, it is nevertheless an important option for highly skilled individuals who wish to pursue their careers in the United States. Those who are able to successfully obtain an EB1 visa will find themselves in a position to contribute significantly to the American economy and culture.

Note: This post is for informational purposes only. Always hire a competent immigration attorney for all your immigration need