EB-1

EB-1 Visa

EB-1

The EB-1 Visa, also known as the Employment Based Extraordinary Ability Green Card (First Preference) is available to foreign nationals who display Extraordinary Ability in their field and can include science, art, education, business or athletics. The EB-1 visa exempts the foreign applicant from obtaining a Labor Certification.

Within the EB-1 category are 3 sub-groups:

  • EB1-A: Those persons with extraordinary ability in science, art, education, business or athletics.
  • EB1-B: Outstanding professors or researchers who are recognized internationally, and possess a minimum of 3 years of experience.
  • EB1-C: Multinational managers or executives who have been working for at least 1 out of 3 preceding years for an overseas affiliate, parent, subsidiary, or branch of a U.S. employer.

EB-1 Visa holders have legal permanent status and are therefore able to apply to become United States citizens. The full EB-1 Visa requirements can be found here.

EB1-A

The EB1-A Visa is the most common of the EB-1 Visas as it is the most practical to the general applicants. While it is the most common, it is not the easiest route to pursue a green card. The foreign applicant must be applying to continue in their area of expertise, and prove extraordinary ability in a field of science, art, education, business or athletics. The petitioner must prove that the foreign applicant has achieved national or international acclaim with recognized achievements in their field. Additionally, the foreign applicant must be proven to provide a substantial benefit to the United States before acceptance. A Labor Certificate is not required, and foreign applicants are not required to possess a prospective employer.

EB1-B

Evidence must be submitted to demonstrate international recognition for a foreign applicant as an outstanding professor or researcher in a particular academic field. The foreign applicant must have at least 3 years teaching in their academic field of study, and be pursuing tenure, possible tenure, or a research position at a university level or higher that is comparable to tenure. While a Labor Certificate is not required, the EB1-B visa requires an offer of employment from a prospective U.S. employer, and self-petition is not applicable for this green card.

EB1-C

Qualification for the EB1-C Visa requires that the foreign applicant serves as a multinational executive or manager of an affiliate, partner, subsidiary or branch of a U.S. employer for 1 of the preceding 3 years. The foreign applicant must also intend to continue their employment with the same employer in a managerial or executive position. This green card does not allow for self-petition, and the petitioner must be a U.S. employer that has been doing business for at least 1 year as an affiliate, partner, subsidiary or branch of the foreign applicant’s employer abroad.

EB-1 Visa Cost

The total for an EB-1 Visa costs vary and are determined by the USCIS and the U.S. Embassy in the country of origin.

 

Foreign applicants can expect to pay for the following:

 

  • USCIS Form I-140 petition filing fee
  • USCIS Form I-485 petition filing fee
  • Form DS-260 processing fee
  • Medical examination fee
  • Fees to obtain supporting documents
  • Biometrics Fee
  • Attorney Fee

EB-1 Process

 

The process to obtaining an EB-1 Green Card is relatively simple compared to many other green card applications.

 

  1. The foreign applicant must obtain an employer to petition on their behalf if they are not applying for the EB1-A Visa.
  2. The petitioner files an I-140 form on behalf of the foreign applicant.
  3. Once the I-140 is approved, the foreign applicant must submit an I-485 application to register permanent residence.
  4. Once approved, the foreign applicant’s green card will be issued.
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