The EB-1 visa is employment-based immigration for people who have an extraordinary ability, for outstanding professors and researchers, or multinational executives and managers.
If you are looking to enter the United States as someone with the above characteristics or professions and want to become a permanent resident, consider the EB-1 visa.
Who Qualifies or is Eligible for the EB-1 Visa?
The EB-1 visa is eligible for individuals and their family members who are seeking employment-based permanent residence in the US.
The EB-1 applies to foreign nationals who have extraordinary abilities, are outstanding professors or researchers, or are managers or executives of foreign companies.
To be eligible for the EB-1 visa, applicants must demonstrate one of the following:
You must be able to demonstrate extraordinary ability in athletics, arts, business, education, or sciences through sustained national or international acclaim.
Your achievements must be recognized in your field through extensive documentation. An offer of employment is not required.
Outstanding Professors and Researchers
You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area.
You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research positions at a university or other institution of higher education.
Multinational Manager or Executive
You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization.
Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
What is the EB-1 Visa?
The EB-1 visa is employment-based and facilitates permanent residence in the United States. This visa allows applicants who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics to reside in the US.
The EB-1 does not require an employment offer, but requires applicants to work in the US in their field of expertise.
Requirements/Criteria for Demonstrating Extraordinary Ability
You must meet three of the ten listed criteria below to prove extraordinary ability in your field and show evidence of:
- Membership in associations in the field which demand outstanding achievement of their members
- Having been asked to judge the work of others, either individually or on a panel
- Published material about you in professional or major trade publications or other major media
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Your authorship of scholarly articles in professional or major trade publications or other major media
- Your work having been displayed at artistic exhibitions or showcases
- Your performance of a leading or critical role in distinguished organizations
- Commanding a higher salary or other significantly higher remuneration in relation to others in your field
- Your commercial successes in the performing arts
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Examples of Documentary Evidence that a Person is an Outstanding Professor or Researcher
- Participation either on a panel or individually as a judge of the work of others in the same or allied academic field
- Membership in associations that require their members to demonstrate outstanding achievement
- Published material in professional publications written by others about the alien's work in the academic field
- Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
- Scientific or scholarly research contributions in your field
- Receipt of major prizes or awards for outstanding achievement
What is the Processing Time for the EB-1 Visa?
The processing times for US visas vary depending on several factors:
- The office or service center responsible for processing the file
- The type of immigrant visa
- EB-1 visa interview wait times (if applicable)
- Whether the applicant can qualify for an expedited interview appointment
- Whether Expedited processing is available
- Whether Premium Processing is available
- Providing insufficient or incomplete documents can lead to delays in processing and even denials
Top 10 Reasons for Refusal of the EB-1 Application
While there are many reasons why your employment-based visa application could be refused, we have listed the ten most common here:
- Current and or past immigration status and history in the US or abroad, including overstaying and unauthorized employment
- Insufficient funds to support themselves during their stay
- Incorrect or incomplete petition
- Insufficient supporting evidence
- Conflicts with travel documentation
- Health concerns
- Suspicion of malicious intent
- Problems with a background check
- Criminal history/Being convicted of a crime/Suspected or known ties to terrorism
- Material Misrepresentation
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The EB-1 Visa » Other FAQs (Frequently Asked Questions)
The EB-1 visa is for individuals to apply to the US for permanent residence, so once you have the visa/green card, you have it for an indefinite amount of time as long as you maintain prescribed residency requirements.
If you have an L-1B Visa, you can apply for a green card under EB-1 multinational manager or executive category.
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