What is EB-1 Visa?
Among the five different employment-based (EB) categories, EB-1 visa, also known as the Employment-Based Immigration (First Preference), is one of the fastest ways for obtaining the permanent residency in the US. EB-1 visa is for individuals who have outstanding academic or work achievements and the visa is divided into three subcategories:
- EB-1A: Extraordinary Ability
- EB-1B: Outstanding Professors and Researchers
- EB-1C: Certain Multinational Manager or Executive
EB-1A: Extraordinary Ability
This category is for applicants with extraordinary ability in the sciences, arts, education, business or athletics. Job offer and labor certification are not required, but to self-petition they need to continue to work in the same field and be able to demonstrate how their expertise would benefit the US.
To be qualified for this category, you must have received national or international acclaim which can be demonstrated by receipt of a major internationally recognised award such as Nobel Prize or the Academy Award. If you do not have evidence of a one-time achievement (major internationally recognised award), you must provide at least three of the ten listed criteria below (or comparable evidence if any of the criteria do not readily apply):
- Received lesser nationally or internationally recognised prizes or awards for excellence
- Membership in associations in the field which demand outstanding achievement of their members
- Published material about you in professional or major trade publications or other major media
- Have been asked to judge the work of others, either individually or on a panel
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Authorship of scholarly articles in professional or major trade publications or other major media
- Have your work displayed at artistic exhibitions or showcases
- Evidence that you have performed a leading or critical role in distinguished organisations
- Receive a high salary or other significantly high remuneration in relation to others in the field
- Commercial successes in the performing arts
Continue Working in Your Field and Benefit the US
To prove that you will continue working in your field of extraordinary ability after entering the US and how your expertise will substantially benefit the country, you must provide a statement detailing your plans along with evidences to prove that you intent to continue work in your field such as:
- Letters from prospective employers
- Evidence of prearranged commitments such as contracts between you and the US companies that you are committed to working in your field of extraordinary ability
How to Apply
- Applicant self-petitions by filing the Immigrant Petition for Alien Worker – Form I-140 with the U.S. Citizenship and Immigration Services (USCIS)
– Request for Premium Processing Service available – Form I-907
- Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-140 has been approved
- Attend I-485 interview with the US Embassy or Consulate 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
– Applicant has a class A or B medical condition
– Doubt about the applicant’s qualifications or admissibility
– Second time the I-485 application was filed
Applicant’s status will automatically switch to legal permanent resident status under the EB-1A green card
Applying from Any Country Outside the US
- Applicant self-petitions by filing the Immigrant Petition for Alien Worker – Form I-140 with the U.S. Citizenship and Immigration Services (USCIS)
– Request for Premium Processing Service available – Form I-907 - Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-140 has been approved
- Schedule an appointment for an EB-1A visa interview with the US Embassy or Consulate
– All applicants between 13 – 80 years old are required to have an interview
- Enter US and continue to work in your field of extraordinary ability
EB-1B: Outstanding Professors and Researchers
Internationally recognised Professors and Researchers who have at least three years of outstanding achievements in a particular academic field will be applicable for this category. Since this category is an employer-sponsored visa, job offer is required from the sponsoring employer but like any other EB-1 visas, labor certification is not required.
To demonstrate your international recognition for your outstanding achievements in an academic field and three years of experience, you must provide at least two of the six listed criteria below (or comparable evidence if any of the criteria do not readily apply):
- Received major prizes or awards for outstanding achievement
- Membership in associations in the field which demand outstanding achievement of their members
- Published material in professional publications written by others about your work in the academic field
- Have been asked to participate, either on a panel or individually, as a judge of the work of others in the same of allied academic field
- Evidence of original scientific or scholarly research contributions in the field
- Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
Three Years of Experience and Job Offer
Evidence of teaching and/or research experience in the field can be proved by providing reference letters from past employers. Teaching experience gained while working on an advanced degree will only be recognised if you have acquired the degree and had full responsibility for the class taught. If you wish to claim research experience while you were working on an advanced degree, you must make sure that your research conducted toward the degree has been recognised in the academic field as outstanding.
For job offer, you must have received an offer to work in a tenure/tenure-track teaching position or as a permanent researcher from a US university or institution for higher learning. Alternatively, you must have a job offer from a department, division or institute of a private employer offering a permanent researcher position in your academic field. If the offer is not received from a university or educational institution, the employer needs to prove that they employ at least three full-time research positions and that it has achieved documented accomplishment in the academic field.
How to Apply
- Applicant accepts a job that meets the above requirement
- Employer files the Immigrant Petition for Alien Worker petition – Form I-140 with the U.S. Citizenship and Immigration Services (USCIS)
– Request for Premium Processing Service available – Form I-907 - Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-140 has been approved
- Attend 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
– Applicant has a class A or B medical condition
– Doubt about the applicant’s qualifications or admissibility
– Second time the I-485 application was filed - Applicant’s status will automatically switch to legal permanent resident status under the EB-1B green card
Applying from Any Country Outside the US
- Applicant accepts a job that meets the above requirement
- Employer files the Immigrant Petition for Alien Worker petition – Form I-140 with the U.S. Citizenship and Immigration Services (USCIS)
– Request for Premium Processing Service available – Form I-907 - Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-140 has been approved
- Schedule an appointment for an EB-1B visa interview with the US Embassy or Consulate
– All applicants between 13 – 80 years old are required to have an interview
- Enter US and work for the sponsoring employer once the visa has been approved
EB-1C: Certain Multinational Manager or Executive
Multinational managers and executives from the overseas affiliate, parent company, subsidiary or branch seeking to transfer to the US company may be eligible for this category. Same with the EB-2B category, job offer from the sponsoring company is required but the company does not need to get an approved labor certification.
To meet the eligibility criteria, you must have been employed outside the US for at least one year in the three years preceding the petition or the most recent lawful nonimmigrant admission if they are already working for the petitioning employer.
The business must have been in operation for at least one year, have a qualifying relationship to the entity you worked for outside the US and intend to employ you in a managerial or executive capacity.
Managerial and Executive Capacity and Job Offer
It is important to prove that the applicant will be engaged in day-to-day non-managerial activities. If the applicant’s role seems to be involved in the day-to-day operations of the business such as managing employees, it will be appearing that applicant was not primarily engaged in managerial or executive duties.
You must have received an offer to work as a Manager or Executive and the duties must include:
Personnel Manager
- Manage and control the work of other supervisory, professional or managerial employees
- Supervise and control the work of other supervisory, professional or managerial employees
- Possess the authority to hire and fire or recommend those types of personnel actions for the employees you directly supervise and
- Exercise discretion over the day-to-day operations of the activity or function that you have authority over
Function Manager
- Manage the organisation or a department, subdivision, function or component of the organisation
- Manage an essential function with the organisation, department or subdivision of the organisation
- Function at a senior level within the organisational hierarchy or with respect to the function managed and
- Exercise discretion over the day-to-day operations of the activity or function that you have authority over
Executive
- Direct the management of the organisation, major component or function of the organisation
- Establish the goals and policies of the organisation, component or function
- Exercise wide latitude in decision-making and
- Receive only general supervision or direction from higher level executives, the board of directors or stockholders of the organisation
How to Apply
- Applicant accepts a job that meets the above requirement
- Employer files the Immigrant Petition for Alien Worker petition – Form I-140 with the U.S. Citizenship and Immigration Services (USCIS)
- Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-140 has been approved
- Attend 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
– Applicant has a class A or B medical condition
– Doubt about the applicant’s qualifications or admissibility
– Second time the I-485 application was filed
- Applicant’s status will automatically switch to legal permanent resident status under the EB-1C green card
Applying from Any Country Outside the US
- Applicant accepts a job that meets the above requirement
- Employer files the Immigrant Petition for Alien Worker petition – Form I-140 with the U.S. Citizenship and Immigration Services (USCIS)
– Request for Premium Processing Service available – Form I-907 - Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-140 has been approved
- Schedule an appointment for an EB-1C visa interview with the US Embassy or Consulate
– All applicants between 13 – 80 years old are required to have an interview
- Enter US and work for the sponsoring employer once the visa has been approved
