EB1

The EB-1 visa is part of the employment-based immigration category designed for priority workers. It is often the fastest and most sought-after employment-based visa due to its high priority and fewer requirements compared to other categories. EB-1 visas have a yearly limit and are divided into three main subcategories, catering to individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives or managers.

Subcategories of EB-1

1. EB-1A: Individuals with Extraordinary Ability

   • For those who can demonstrate extraordinary ability in fields such as science, arts, education, business, or athletics.

   • Applicants must provide evidence of sustained national or international acclaim. This can include awards (like a Nobel Prize), publications, original contributions to their field, or other forms of recognition.

   • No job offer is required for this category, allowing individuals to self-petition.

2. EB-1B: Outstanding Professors and Researchers

   • Designed for professors and researchers who are recognized internationally for their achievements in an academic field.

   • The applicant must have at least three years of experience in teaching or research and must be pursuing a tenure-track teaching or research position in a university or a similar institution.

   • A permanent job offer is required, and the petition must be filed by the employer.

3. EB-1C: Multinational Executives and Managers

   • This category is for executives or managers who have worked for at least one year within the last three years for a multinational company and are being transferred to a managerial or executive position in a U.S. branch, subsidiary, or affiliate.

   • The U.S. employer must file the petition on behalf of the employee.

Requirements and Application Process

1. Meeting Eligibility Criteria

• For each EB-1 subcategory, the applicant must meet specific criteria to prove their eligibility. For instance, EB-1A applicants need to demonstrate exceptional achievement, while EB-1B candidates must have a substantial academic record. EB-1C requires proof of executive or managerial experience in a multinational company.

2. Filing Form I-140 (Immigrant Petition for Alien Worker)

• The employer or individual (in the case of EB-1A) files Form I-140 with the U.S. Citizenship and Immigration Services (USCIS) to initiate the application process.

• Along with the form, comprehensive documentation must be submitted to prove eligibility, including awards, publications, professional memberships, or proof of managerial roles.

3. Priority Dates and Visa Bulletin

• Once Form I-140 is filed, a Priority Date is assigned, which establishes the applicant’s place in line for a green card. Due to the high priority of the EB-1 category, priority dates for these visas often become current sooner than other employment-based visas.

• Applicants should monitor the Visa Bulletin published by the U.S. Department of State to check when their priority date becomes current, allowing them to move forward with the next step.

4. Adjustment of Status or Consular Processing

• If the applicant is already in the U.S., they can file Form I-485 to adjust their status to that of a permanent resident once their priority date is current.

• If the applicant is outside the U.S., they will go through consular processing at a U.S. embassy or consulate.

Advantages of the EB-1 Visa

• No Labor Certification: Unlike other employment-based visas (such as EB-2 or EB-3), EB-1 applicants do not need to go through the labor certification process, which simplifies and speeds up the application.

• Quicker Processing: Due to its high-priority status, the EB-1 category often has shorter processing times and more immediate visa availability, making it one of the fastest pathways to obtaining a green card.

• Permanent Residency: Successful EB-1 applicants gain permanent residency (a green card) for themselves and their immediate family members (spouse and children under 21).

Conclusion

The EB-1 visa category provides an expedited pathway to U.S. permanent residency for individuals who demonstrate extraordinary skills, outstanding academic achievements, or hold executive or managerial roles in multinational companies. Due to its high preference and relatively straightforward requirements compared to other categories, it is a valuable option for those meeting its strict criteria.

If you believe you qualify for the EB-1 visa, DIY My Green Card offers services and resources to help you navigate the application process and increase your chances of success. Contact us to learn more about how we can assist with your EB-1 journey.