The EB1 visa is the first category in the employment based immigration visas. EB1 gives the opportunity to people who have great academic or work achievements to immigrate to the US permanently.
Who Can Apply for the EB1 Visa?
Based on the various achievements that people can have, the US government has divided the EB1 visa into three sub-categories:
- People with extraordinary abilities in arts, science, education, athletics, and business.
- Professors and researchers who have received international recognition for their contributions in their fields, and have at least 3 years of experience in research or teaching.
- Multinational managers or executives who have been working for an international branch of a US company for at least 1 year in the past 3 years.
EB1 Visa Requirements
To qualify for the EB1 green card category, you must prove that you meet at least 3 of the requirements below:
- Be the recipient of awards/prizes for your achievements.
- Be a member of an association which continuously asks for advancements from their members.
- Proof that others have written and published material about your work and achievements in your field.
- Evidence that you were asked to evaluate the work of other people either as an individual or in a panel
- Contribution in your field in a scholarly, scientific, artistic, athletic, or business-related in a significant way.
- Have written and published articles or books international trade journals in your field.
- Have your work featured in exhibitions or other showcases.
- Evidence that you have performed a crucial role in a distinguished organization.
- Receive a high salary and you are expected to be paid significantly as compared to others in your field.
- Be the recipient of commercial success in performing arts.
- For the Professor or Researcher category, you must meet at least 2 of the criteria above.
- For the Multinational Manager pathway, you must have a valid job offer from the company which has had a branch or subsidiary in the foreign country and you were employed or worked with them.
Supporting Documents for the EB1 Visa
To apply for an EB1 visa you must provide the following documents to your application file:
- Your passport which must be valid for more than 6 months after your intended departure to the US
- Your employment offer from the US employer
- The approved labor certification
- The approved petition
- Your DS-260 confirmation page
- Your signed medical and vaccine documents
- Two photographs meeting the Requirements for a US visa photo
- Proof that you meet the criteria for the category you are applying
- Sponsorship letter from the employer
- Letters from previous employers
- Court and criminal records
- Depending on the case, the NVC might require other supporting documents, so you must follow their instructions carefully.
How to Apply for the EB1 Visa?
The application process has these two parts:
- The US employer obtains labor certification and files the necessary petitions.
- The foreign employee then applies for the EB1 visa at a US Embassy in their home country.
If you are applying on the basis of Extraordinary Abilities, then you do not need to have an employer file a petition, but you can file one for yourself.
EB1 Application Procedures for the Employer in the US
The employer in the United States must go through these phases of the application:
- Getting the labor certification. This is done by filing Form ETA 750 to the Department of Labor. By submitting this form, the US employer states that they have tried to find a US employee for that job position but could not and that the foreign worker will be paid a prevailing wage.
- Filing the petition. This is done by filing Form I-140, Immigrant Petition for Alien Worker. The employer must also attach financial statements, audits, and tax returns to prove that the company is financially stable.
For the applications on the basis of Extraordinary Abilities, the applicant can file the petition to USCIS and pay the fee.
After filing the petition, USCIS will process the petition and will notify the employer. If approved, the case will go to the National Visa Center (NVC). If the petition is denied, the US employer is not allowed to hire a foreign worker.
When the case goes to the NVC, they will assign a case number and invoice ID number. These documents will be part of the package with instructions on how to apply that will be sent to the foreign employee in their home country.
EB1 Application Procedures for the Applicant
On the other hand, the applicant must go through the following steps, from their country of residence:
Step 1: File Form DS-260, Online Immigrant Visa Application
The applicant or foreign worker must complete this form which serves as an application for the EB1 visa. The form will be processed by the US Embassy or Consulate that they are applying from.
Step 2: Complete medical examination and vaccination
In the NVC package, there will also be requirements about medical examinations and vaccination that the applicant must conduct. The applicant must go to a licensed doctor to complete the documents and have them signed.
Step 3: Compile the supporting documents file for the EB1 visa
After the NVC approves your Form DS-260, you must send the supporting documents for your case.
Step 4: Attend the EB1 visa interview
The NVC will review your application and supporting documents and if there are no more requirements, they will schedule an interview for you at the US Embassy you are applying from. Attend the interview and be as specific as possible in answering the questions regarding your background and other details. The interviewer will make the final decision on whether they should issue you an EB1 visa or not.
Step 5 Receive the NVC package and travel to the US
If your EB1 visa is approved, you will receive a package from the NVC. You must not open this package under any circumstances. Take it with you when you travel to the US and give it to an immigration officer at the port of entry. Only they are allowed to open it and decide whether you should be allowed to enter the country or not.
What are the EB1 visa fees?
The amounts vary and are decided by USCIS and the US Embassy in the country you are applying from. In general, you will have to pay the following fees:
| Fee Type | Amount |
|---|---|
| USCIS Form I-140 Petition Filing Fee | $715 |
| Form DS-260 Processing Fee | $325 |
| Medical Examination Fees | $100 – $500 |
| Fees to Obtain Supporting Documents | $50 – $200 |
| Translation Fees | $20 – $50 |
| Estimated total depending on country | $1,210 – $1,790 |
How Long is the EB1 visa Processing Time?
The processing time for an EB1 visa can be from a few months to a few years. Since the employment-based visas have a cap, the EB1 processing time can be quite long. This is all determined by when you apply and whether you are next in line from USCIS and NVC.
After Getting the Eb1 Visa
The next step after you have gotten your EB1 visa is to get a Green Card. To change your status from your immigrant visa to an Lawful Permanent Resident, you must first have an approved petition from USCIS and the visa, as well as live in the US.
Other types of Employment Preference visas:
- EB-2 Visa or Second Priority Workers Visa is for professionals with advanced degrees and people with extraordinary abilities in arts, sciences, or business.
- EB-3 Visa or Third Priority Workers Visa is for skilled workers with more than 2 years of experience, professionals with a higher education degree, or unskilled workers with less than 2 years of experience (EW-3 Visa).
- EB-4 Visa or Fourth Priority Workers Visa is for various religious, government, or international organizations workers
- EB-5 Visa or Fifth Priority Workers Visa is for investors in the US who will invest between $500K to $1 million in the US economy