Information on how to apply for US EB1 Visa?

One way to get US residency is to receive Employment Sponsored visas. To do this, foreign employees must first find a sponsor who wants to hire them in the United States. Therefore, the employer must first submit the documents and forms. If approved, the employee can begin the visa application process. It is interesting to know people who come to the United States on these visas can work without the need for an Employment Authorization Document.
Employment Sponsored visas are divided into five categories. In this article, we are going to cover important details about the US EB1 visa, including the application process, requirements, processing time, and costs.

 

What is an EB1 Visa?

This visa is one of the employment-based immigrant visas. People with academic credentials and career achievements in some areas can apply for this immigrant visa. Therefore, visa holders can not only work and live permanently in the United States but also enjoy the following benefits:

  • Getting a driver’s license.
  • Right of ownership
  • Continuing Education
  • Marriage and have children

EB1 visa holders can apply for US citizenship if they live in the United States for a while without any problems.

 

What are the requirements for obtaining an EB1 visa?

Not everyone is qualified for this visa. The following table sets out the eligibility criteria:

Category Description Evidence
Individuals with extraordinary abilities They must have outstanding and well-known achievements in Science, artistic, educational, athletic, and business fields. These people do not need a job offer to receive this visa. Applicants for this visa must meet at least three of the ten criteria listed below. They must also provide evidence such as their international awards. They must additionally show that they will continue to their profession in the United States.
Outstanding professors and researchers These people must have outstanding international achievements in their field. They must also have at least three years of teaching and research experience. These individuals must prove that they will have a prominent research or teaching position in US higher education institutions. The visa applicant must meet at least two of the listed criteria. They must also have a job offer before entering the United States. Besides, a private employer must show that he/she has hired at least three full-time researchers.
Multinational managers and executives These applicants should have at least one year of work experience in the international branch of a US company over the past three years. The applicant must be hired to work in a managerial and executive capacity in the United States. The petitioning employer needs to be in the US. There is no need for a labor certificate.

EB1 visa applicants must meet at least three of the following criteria to prove their eligibility:

  • You must present your nationally and internationally recognized awards to prove your claim.
  • You must be a member of your field’s association, which frequently seeks the advancement of its members.
  • Submitting articles published in your field of expertise in reputable journals and the media is another criterion that can indicate your eligibility for this visa.
  • Evidence that you have evaluated the work of other people in a group panel or individually.
  • Evidence that you have made significant contributions to your field of expertise, whether scientific, scholarly, artistic, athletic, or business-related-jobs.
  • Providing evidence that you have written authorship of scholarly articles in specialized publications can indicate your eligibility for this visa.
  • Evidence that your work has been shown in art exhibitions.
  • You can show evidence that you have made significant commercial achievements in the performing arts.
  • Providing evidence that you have a significant income in your field compared to others can be effective.
  • Evidence that you have played a vital role in an important and prominent organization.

Qualification criteria for researchers and professors

Those in the category of outstanding professors and researchers who intend to apply for this visa should consider the following criteria. They must meet at least two of the following six criteria:

  • There should be articles and books published by you in the international journal of your field
  • Having international awards that have been obtained as a result of outstanding achievements
  • Others should write about your work and achievements in your field
  • You must be a member of your field’s association, which asks the progress from its members.
  • There should be articles and published materials by you in the international journal of your field.
  • You must provide evidence that you have experience judging and evaluating the work of others. This evaluation can be done individually or in a group panel.

 

How to apply for an EB1 visa?

Both the employer and the employee must take action during the visa application process. However, it should be noted that people who have extraordinary abilities and are applying for this visa do not need a job offer and an employer. So these people have to file their petition themselves. Researchers, professors, and international executives applying for an EB1 visa need a job offer, and the employer must submit a petition on your behalf.

In summary, the visa application process for each of the eligible categories is:

  • People with extraordinary abilities: These people must submit the Form I-140, Petition for Alien Worker to the US Citizenship and Immigration Services or  USCIS.
  • Outstanding Professors and Researchers: The US employer must first file Form I-140, Petition for Alien Worker. The employer must prove that he/she is capable to pay the proposed salary. The employer must provide documents such as an annual report, a federal income tax return, or an audited financial statement to determine if he or she can pay the salary.
  • Multinational managers: The employer must first submit Form I-140, Petition for Alien Worker. In this case, the employer must also prove that he/she can pay the offered salary continuously. To prove it, the employer must provide the documents mentioned in the previous section.

Actions to be taken by the employer

1. Get a labor certification

US employers must first receive a labor certification issued by the Department of Labor. For this purpose, they must submit Form ETA 750 to the Department of Labor. This form shows that the employer tried to find a US employee for a specific job position, but failed, and now intends to hire a foreign employee. The employer also declares that the salary he will pay for the foreign employee is equal to the US employee’s wages in a similar situation.

The form will then be processed, and both the employer and the employee will be notified of the result. If the form is approved, the employer can go to the next step.

2. File the request

As mentioned earlier, the employer must submit Form I-140, Immigrant Petition for Alien Worker, to the USCIS. The employer must also provide items such as a tax return to prove his/her financial stability. If the petition is approved, the case will be sent to the National Visa Center (NVC). Otherwise, the employer will not be authorized to hire a foreign employee. In NVC, a case number and an invoice ID number are issued. This information and instructions on how to apply for a visa are sent for a foreign employee in his or her home country. Since the number of EB1 visas issued per year is limited, NVC will send this package to the applicant if his/her priority date is current.

Actions  to be taken by the employee

1. Form DS-260

You must first complete the Form DS-260 form. In this link, you can access this form using your case number. You can also see an example of this form. This form is processed by the consulate or embassy that you are applying.

2. Medical examinations and vaccinations

The NVC package contains information about the medical tests and vaccinations you need to do. Applicants for an EB1 visa must see an approved physician who completes some forms and documentation.

3. Prepare other documents

EB1 visa applicants must provide the following documents:

  • A valid passport
  • Job offer given by a US employer
  • An approved Labor Certification
  • The confirmation page of DS-260 Form
  • Materials related to medical examinations and vaccinations
  • Two photos
  • Documents proving your eligibility for the category you are applying
  • Letters from your previous employers
  • Criminal records
  • Other materials that may be required depending on your case

4. Participate in the interview

NVC reviews all documents. If no further documentation is required, this organization will schedule an interview appointment for you at the US embassy. You must be at the embassy on the scheduled date and answer any questions the consular officer may ask you. The questions will usually be about your background and other details. A final decision will be made about your status after the interview.

5. Receive NVC package and travel to the USA

After the EB1 visa is approved, a package will be sent to you by NVC. You are not allowed to open this package. When you arrive in the United States, the immigration officer opens the package at the US port of entry. They open the package and decide whether you can enter the country or not.

 

How much does an EB1 visa cost?

The amount of EB1 visa application fee varies and is determined by the USCIS and the embassy where you are applying. You must pay a fee for all of the following:

  • Filing Form I-140
  • Form DS-260 processing
  • Doing Medical examinations
  • Taking supporting documents
  • Translation of documents into English

 

How long does it take to process the documents and issue an EB1 visa?

The processing time of this visa is a few months to several years. Because the annual issuance of employment-based immigrant visas is subject to numerical limitation, the processing time is long.

 

How can visa holders obtain US citizenship?

Once you have received your EB1 visa, you can apply for a Green Card. To do this, you must first obtain the necessary approvals from the USCIS. I-485, Application to Register Permanent Residence or Adjust Status must first be submitted to the USCIS. If this form is approved, you will receive your Green Card within a few weeks.

 

Let’s sum up…

In this article, we reviewed the EB-1 visa application process, processing time, costs, and how to get a Green Card. On the Visa Library website, you can also learn about other US visas as well as ways to immigrate to other countries. If you have experience in getting a visa, write it down in the comments section to help other readers make better decisions.
On the Visa Library website, We look forward to hearing your questions and comments and will respond as soon as possible.