U.S. Immigration EB-1: The Easier Path to a Green Card for Talented Individuals

In addition to visas for family and direct relatives, the U.S. also provides visas for individuals eligible to work in the country.

These employment-based visas allow foreign workers who have found an employer willing to hire them to come to the U.S. permanently and work without needing a Labor Certification.

Among these visas is the EB-1 visa, which is designated for outstanding professors, researchers, individuals with extraordinary abilities in arts, sciences, business, sports, or education, and executive managers. The following article by ImmiPath will provide a detailed explanation of the U.S. EB-1 immigration visa. See it now!

1. What is the U.S. EB-1 Immigration Visa?

The EB-1 U.S. immigration visa is an immigrant visa and one of the U.S. employment-based visas. It is considered one of the most flexible and advantageous employment-based green cards because it offers certain benefits not available with similar visas.

This is a first-preference visa for three specific categories of foreign nationals: EB-1A for individuals with extraordinary abilities, EB-1B for outstanding professors and researchers, and EB-1C for certain multinational executives or managers.

You are required to demonstrate international or national acclaim in your field. This visa is available to professionals in various fields including science, education, arts, business, and sports.

The EB-1 green card grants the applicant U.S. permanent residency status, meaning that once you obtain it, you can stay in the U.S. indefinitely and work anywhere in the country without restrictions.

You can also apply for U.S. citizenship after obtaining an EB-1 green card. You will be eligible to apply for citizenship after accumulating 5 years of continuous residency as a green card holder.

The EB-1 visa is highly sought after due to its significantly shorter application processing time compared to most other immigrant visas, which can sometimes take years. Additionally, it does not require you to have a Labor Certification from the Department of Labor, a primary requirement for most other employment-based visas.

2. Who Can Apply for a U.S. EB-1 Immigration Visa?

Based on the various achievements that individuals may have, the U.S. government has divided the EB-1 visa into three subcategories:

• Individuals with Extraordinary Ability: Those with extraordinary ability in the arts, sciences, education, sports, or business. Their achievements must be extensive and/or internationally recognized, and they do not need a job offer to apply for the EB-1 visa.
• Outstanding Professors and Researchers: Those who have received international recognition for their contributions to their field. Professors and researchers must have at least 3 years of experience in research or teaching and must demonstrate that they are coming to the U.S. to continue working in their field in a research or teaching position at a university.
• Multinational Managers or Executives: Individuals who have worked for an international branch of a U.S. company for at least 1 year in the past 3 years. They must apply for the EB-1 visa to continue working for that company, and their position in the U.S. must be at least equivalent to or higher than the position they held abroad.

3. What are the Requirements for a U.S. EB-1 Immigration Visa?

You may be eligible to apply for an EB-1 visa if you are a foreign national who fits into one of the following three categories:

• Individuals with Extraordinary Ability
• Outstanding Professors or Researchers
• Certain Multinational Managers or Executives

Each of these categories has specific criteria that applicants must meet.

3.1 Requirements for Individuals with Extraordinary Ability (EB-1A)

If you are applying for an EB-1 visa under this subcategory, you must demonstrate extraordinary ability. This means you can provide evidence of being in the top 1% in your field and have received international or national acclaim.

There are 10 criteria in this EB-1 subcategory. You must meet at least 3 of these criteria or provide evidence of a one-time achievement, such as an internationally recognized award like an Academy Award, Nobel Prize, or Olympic Medal. Additionally, you must show evidence that you will continue working in your field of expertise. The 10 criteria are:

• Evidence of receiving internationally or nationally recognized awards or prizes.
• Evidence of membership in associations that require outstanding achievements for their members.
• Evidence that you have been asked to evaluate the work of others, either individually or as part of a group.
• Evidence of published material about you in major trade publications or other major media.
• Evidence that you are the author of scholarly articles published in major trade publications or other major media.
• Evidence of your original contributions of major significance to your field in academia, science, sports, arts, or business.
• Evidence that your work has been featured or exhibited in exhibitions or art displays.
• Evidence that you have a high salary or other remuneration compared to others in your field.
• Evidence of performing a leading or critical role in distinguished organizations.
• Evidence of commercial success in the performing arts.

No job offer is required for successful applicants who qualify as individuals with extraordinary ability. This means you do not need to wait for an employer to offer you a job before you can qualify.

This is one of the special advantages of the EB-1A visa. Additionally, there is no requirement to undergo the Labor Certification process.

3.2 Requirements for Outstanding Professors or Researchers (EB-1B)

If you choose to apply for an EB-1 visa as an outstanding professor or researcher, you must have at least three years of experience in research or teaching in your academic field. You must also demonstrate international recognition for your outstanding achievements in a specific academic field.

You will need to meet at least 2 of the 6 eligibility criteria set by USCIS. You must also provide evidence of a job offer from a U.S.-based employer. Here are the 6 criteria:

• Evidence of Receiving Major Awards: Proof of having received a major award or prize for outstanding achievements.
• Published Material About Your Work: Evidence of published material in professional publications written by others about your work in the academic field.
• Membership in Associations: Proof of membership in associations that require outstanding achievements from their members.
• Participation in Peer Review: Evidence that you have participated, either individually or as part of a panel, in evaluating the work of others in the same or a similar academic field.
• Authorship of Scholarly Articles: Evidence of your authorship of scholarly articles or books (in international academic journals) in the field.
• Original Research Contributions: Proof of your original research contributions that have had a significant impact in the field.

In addition to meeting these criteria, you must be coming to the U.S. to pursue a tenure or tenure-track teaching position or a comparable research role at a university, higher education institution, or private employer.

If you are planning to work for a private company, the company must provide evidence of their achievements in the field and demonstrate that they employ at least three full-time researchers, although labor certification is not required.

3.3 Requirements for Multinational Executives or Managers (EB-1C)

To qualify for the EB-1C visa as a multinational executive or manager, you must have been employed outside the U.S. for at least one year within the three years preceding the visa application.

If you are currently working in the U.S. in a non-immigrant status, you must have worked at least one year abroad before coming to the U.S.

In addition, the U.S. employer sponsoring your visa must have been in business for at least one year. They must also have a qualifying relationship with the foreign company where you were employed. 

Examples of qualifying relationships include being a parent company, subsidiary, or branch of the foreign company. The U.S. employer must provide evidence that you will hold a managerial or executive position. You must have a job offer from the U.S.-based organization. No labor certification is required for this visa category.

4. How Can You Apply for an EB-1 Visa?

The application for an EB-1 visa involves several steps, involving both the U.S. employer and the foreign employee. The application process consists of two parts:

• The U.S. employer obtains labor certification and submits the required petition forms.
• If approved, the foreign employee will apply for the EB-1 visa at a U.S. Embassy in their home country.

If you are applying based on Extraordinary Ability, you do not need an employer to file the petition for you; you can file it yourself. For EB-1 visas related to Professors/Researchers and Multinational Managers, you must have the employer file the petition on your behalf.

4.1 Procedures for EB-1 Visa Application by a U.S. Employer

a. Obtain Labor Certification

The first requirement for U.S. employers when hiring foreign employees is to obtain labor certification from the U.S. Department of Labor (DOL). This is done by filing Form ETA 750 with the DOL.

When submitting this form, the U.S. employer certifies that they have attempted to find a U.S. worker for the position but were unsuccessful and that the foreign worker will be paid the prevailing wage.

The form is processed by the DOL, and both the employer and employee are notified of the decision. If approved, the U.S. employer can proceed to the next step; however, if the certification is denied, the foreign worker is not eligible to apply for the EB-1 visa.

b. File Form I-140

In addition to the labor certification, the employer must file a petition with U.S. Citizenship and Immigration Services (USCIS). This is done by submitting Form I-140, Petition for Alien Worker.

The employer must also attach financial reports, audits, and tax returns to demonstrate that the company is financially stable. For EB-1 Extraordinary Ability visas, you, as the applicant, can file the petition directly with USCIS and pay the associated fees.

USCIS will process the petition and notify the employer. If approved, the case will be forwarded to the National Visa Center (NVC). If denied, the U.S. employer is not permitted to hire a foreign worker.

Once the case reaches the NVC, they will assign a case number and invoice ID. These documents will be part of the packet of instructions on how to apply that will be sent to the foreign employee in their home country. However, due to EB-1 visa caps, the NVC will only send this packet when the applicant’s priority date becomes current.

4.2 Procedures for EB-1 Visa Application by Foreign Workers

a. Form DS-260, Online Immigrant Visa Application

The applicant or foreign worker must complete this form to apply for the EB-1 visa. The form will be processed by the U.S. Embassy or Consulate where the application is being filed.

b. Medical Examination and Vaccinations

The NVC file will include requirements for a medical examination and vaccinations that the applicant must complete. The applicant must visit an authorized physician to complete the paperwork and sign the forms.

c. Prepare Supporting Documents for the EB-1 Visa

After the NVC approves your DS-260 form, you must submit supporting documents for your case.

To apply for the EB-1 visa, you must include the following documents in your application:

• Your passport must be valid for at least 6 months beyond your intended arrival date in the U.S.
• Your job offer letter from the U.S. employer
• Approved labor certification
• Approved petition
• Your DS-260 confirmation page
• Signed medical and vaccination documents
• Two passport-sized photos that meet U.S. visa photo requirements
• Evidence that you meet the criteria for the category you are applying under
• Letters from previous employers
• Court and criminal records

Depending on the case, the NVC may request additional supporting documents, so you should carefully follow their instructions.

d. Attend the EB-1 Visa Interview

The NVC will review your application and supporting documents. If no further information is required, they will schedule an interview for you at the U.S. Embassy where you applied.

During the interview, be as specific as possible in answering questions related to your background and other details. The interviewer will make the final decision on whether to grant you the EB-1 visa.

e. Receive NVC Package and Enter the U.S.

If your EB-1 visa is approved, you will receive a package from the NVC. You must not open this package under any circumstances. Bring it with you when you travel to the U.S. and present it to the immigration officer at the U.S. port of entry. Only they are authorized to open the package and decide whether you are allowed to enter the country.

5. How Long Does It Take to Get an EB-1 Visa?

Processing time usually depends on the backlog at the USCIS office handling your I-140 petition. You can expect to receive a decision from USCIS within 4 to 15 months, although most petitions are processed within about six months.

If you want to expedite the process, you can request premium processing, which guarantees a decision within 15 days. To do this, you need to file Form I-907 with USCIS, along with an additional fee of $2,500.

EB-1A applicants may experience faster processing compared to other categories, as they do not need to wait for a job offer. Overall, all EB-1 visa categories generally have faster processing times compared to other employment-based visas.

This is because labor certification is not required. After filing Form I-140 either on your own or through an employer, you will receive the following notifications from USCIS:

• Confirmation that they have received your petition
• A notice for biometric appointment, if applicable
• A notice to appear for a visa interview, if required
• A decision notice, which could be an approval or denial

6. What is the Cost of Applying for an EB-1 Visa?

There are several fees involved when applying for an EB-1 visa. The amounts vary and are determined by USCIS and the U.S. Embassy or Consulate in your home country. Generally, you will need to pay the following fees:

• USCIS Form I-140 Filing Fee: $700
• Form DS-260 Processing Fee: Varies by U.S. Embassy or Consulate
• Medical Examination Fee: Varies by provider
• Document Preparation Fees: Varies
• Translation Fees: If documents need to be translated from a foreign language into English

If you opt for premium processing of Form I-140, there is an additional fee of $2,500. After Form I-140 is approved, if you are in the U.S. and wish to adjust your status, the Form I-485 filing fee is $1,225. If you are undergoing consular processing, the visa application fee is $325.

7. Some Frequently Asked Questions About EB-1 Immigration

7.1. Will I have access to U.S. healthcare with an EB-1 visa?

Yes, with an EB-1 visa, you will have access to healthcare services in the U.S. However, medical treatment costs in the U.S. are among the highest in the world.

For example, treating a broken leg or arm can cost around $2,500, and an average hospital stay can exceed $10,000. It is advisable to choose a suitable health insurance plan that is affordable and meets your needs.

7.2. Can I switch from an EB-1 visa to a green card?

Yes, once your Form I-140 is approved by USCIS, you can apply to become a legal permanent resident if a visa is available according to the Visa Bulletin by the Department of State. The process depends on your current location:

• If you are in the U.S.: You can apply to adjust your status by filing Form I-485, also known as the Application to Register Permanent Residence or Adjust Status. This will be submitted to USCIS. The I-485 process can take an additional six months, and once approved, you will receive a green card as proof of your legal permanent residency.
• If you are outside the U.S.: You will need to apply for a visa at the U.S. Embassy or Consulate in your country of residence. This is known as consular processing. After receiving the visa, you can enter the U.S. and become a legal permanent resident.

7.3. How many employment-based green card categories (EB) exist?

There are five types of employment-based green cards. They are:

• EB-1 Visa: Priority worker category
• EB-2 Visa: Professionals with advanced degrees or exceptional ability
• EB-3 Visa: Skilled workers, professionals, and other workers
• EB-4 Visa: Special immigrants
• EB-5 Visa: Immigrant Investor Program

All these visas lead to permanent residency. EB-1, EB-2, EB-3, and EB-4 are primarily employment-based categories. The EB-5 visa, on the other hand, is investment-based, requiring applicants to demonstrate an investment of $900,000 or $1.8 million in the U.S. economy.

7.4. What makes the EB-1 category more advantageous compared to other employment-based visas?

The EB-1 visa is considered advantageous because it offers a faster application process due to the lack of a labor certification requirement. Additionally, if you qualify for EB-1A, you can apply for the visa on your own. This means you can file Form I-140 with USCIS without needing a job offer from an employer.

7.5. What happens if my EB-1 green card application is denied?

Given the stringent requirements for the EB-1 visa, not all applicants may qualify. The good news is there are other similar immigration visa categories that are less stringent than EB-1, such as EB-2, EB-3, and EB-4. If you have an investment ranging from $900,000 to $1.8 million, you may also consider applying for the EB-5 immigrant investor visa.

8. What Should You Do to Ensure the Success of Your EB-1 Immigration Application?

Although the EB-1 application process may seem straightforward on paper, it is more complex than it appears. It requires careful attention and thoroughness in gathering the necessary evidence to qualify.

You will also need to be very meticulous when filling out the application forms. All these aspects can be challenging for someone not specialized in immigration law.

However, if you use the services of a professional immigration consultant, you will be guided meticulously through each stage of the entire visa and green card application process.

At ImmiPath Immigration Consulting Services, we have a team of experienced attorneys with extensive knowledge of U.S. immigration law who will assist you with the EB-1 visa and other U.S. visa types.

This will significantly enhance your chances of approval. ImmiPath will also prepare your application according to best immigration practices to ensure the highest possible chance of success.

Furthermore, we will help you review supporting documents and guide you through the interview process.

If you have any questions about EB-1 U.S. immigration, please comment below. ImmiPath’s consulting team will provide support and advice with all the experience to help make your U.S. immigration dreams a reality.