EB-1 Visa: Requirements, Petitions, and Process

The EB-1 visa is an employment-based first priority visa. United States Citizenship and Immigration Services (USCIS) has five levels of visa priority specific to employment-based immigrants, EB-1 through EB-5. This is the type of visa that you can apply for if you have received a job offer from a US company and wish to reside permanently.

Individuals eligible for these visas are preferred workers with special talents, researchers, and certain businessmen or women. This visa is the easiest way to obtain a green card due to the EB-1 requirements. Depending on certain factors, EB-1 visa holders typically have the shortest waiting times among green card applicants. Other freedoms included in the EB-1 Green Card are the ability to live and work in the United States, the ability to move freely in and out of the United States, and the ability to pursue the United States.

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About 40,000 of his EB-1 visas are available each year, divided into three subcategories: EB-1A, EB-1B and EB-1C. Each subcategory has its own application criteria and the application processing time is subcategory independent.

EB-1 Green Card Requirements and Subcategories

EB-1A

EB-1A Green Cards are classified according to their superior ability. This means that you must be able to demonstrate exceptional ability by receiving one-time national or international recognition, such as a Pulitzer Prize, Oscar Award, Olympic medal, or by meeting USCIS regulations as proof. To do. Your extraordinary abilities may fall into the categories of science, arts, education, business, or sports. In contrast to the other two subcategories, you can apply yourself with so-called self-applications. No work certificate is required.

EB-1B

EB-1B Green Cards are classified by outstanding professors and researchers. To obtain an EB-1B visa, you must demonstrate internationally recognized excellence in your academic field. He must have at least three years of teaching or research experience and tenor he must have immigrated to the United States to pursue a track or equivalent. Unlike the EB-1A visa, future US. Employers must offer vacancies and complete the I-140 form. You cannot submit a self-application.

EB-1C The final subcategory of the First Priority visa is her EB-1C for certain multinational executives or executives. To be eligible for this visa, he must have worked as a nonimmigrant for one of her three years prior to applying. Your employer must and intends to employ you as a manager or manager. As with EB-1B, the prospective employer must be the applicant.

EB-1 Visa Processing: I-140

The first step in the EB-1 visa processing is to submit an I-140. To obtain an EB-1 visa, you must submit File I-140, Immigration Petition for Foreign Workers, to USCIS. This form allows USCIS to classify aliens as eligible for employment-based immigrant visas. For EB-1B and EB-1C visas, the employer completes this form as the applicant.

Form I-140 requires:

If you wish to be classified as a Professional Athlete of Extraordinary Ability, you will need the original certified Form ETA 750. of tasks completed by perks as proof of qualifying your status.

General I-140 Form Tips:

Make sure your forms are up to date.

Make sure the petitioner has signed the form and provided the information. Submit one check per form.

Send the form to the correct address

Please submit only one proof copy.

After you file a petition, you can check the status of your case online. It is important to remember that the processing time for EB-1 visa applications depends on two factors: individual cases and the number of people from your home country who have applied for the same visa.

Priority Date and Final Action Date

There are two dates to review during the application process – Priority Date and Final Action Date

The date USCIS receives his EB-1 petition becomes the priority date and will vary. The EB-1 application is for you only. In other words, your priority date is entirely up to you.

Promotion end dates vary each month depending on the number of people applying for EB-1 visas. This date is irrelevant for EB-1A, EB-1B, and EB-1C visas.

Each month the US Department of State publishes a Visa Bulletin containing the last action date for the month. Depending on the number of visas that can be issued and the number of applicants, we will determine the final date of action. If his EB-1 petition for a country (China, India, Mexico, etc.) falls below the annual limit, the final action date will be postponed and sooner than expected. If a country's EB-1 petition (or any petition) exceeds the annual limit, the final action date will be postponed. If the expected number of petitions is filed, the date will remain as planned.

Employment Verification

First priority workers do not require DOL employment verification. Employment certificates are issued by the United States. Submitted by the Department of Labor (DOL). In some employment-based immigration cases, her DOL certificate is required to file an immigration application with the Immigration Department. Of her five levels of employment-based immigration, second priority EB-2 and third priority EB-3 are the priority levels that require these employment certificates. The exception to this is if the EB-2 applicant is eligible for a National Interest Waiver (NIW).

DOL Employment Certification, also known as PERM Employment Certification, certifies that there are not enough available, skilled, and motivated U.S. workers for the position offered. It also confirms that hiring migrant workers does not adversely affect the wages of U.S. workers in similar occupations.

APPLICATION PROCESS: CAREFULLY AND DOCUMENTATION COSTS

The Form I-140 application fee is $700. The direct submission address depends on whether the form is submitted alone or with other forms

Processing time also depends on the location where the file is sent. Locations that receive more files are more likely to take longer to process. After USCIS receives your form, it may take up to six months for your form to be processed.

Premium processing is also an option to consider. USCIS guarantees a turnaround time of up to 15 days for his $2,500 surcharge on EB-1 requests. Must complete an I-907 request for premium processing services. After your form has been processed, you will receive an approval letter, rejection letter, rejection letter, and request for evidence. Alternatively, USCIS may initiate a fraud or misrepresentation investigation.