Who qualifies for the EB1 Green Card?

To qualify for an EB-1 Visa, foreign nationals should provide extraordinary ability in their field. This employment-based, immigrant visa is reserved for individuals with internationally recognized prizes or experience in a managerial or executive position. The EB1 Green Card is divided into three subtypes: EB-1A, EB-1B, and EB-1C.

How long does it take to get a Green Card after EB-1?

The processing time for the EB1 Green Card can take anywhere from eight to 37 months. The timeline can vary depending on several factors, including the United States Citizenship and Immigration Services (USCIS) workload and the completeness of your application.

How hard is it to get an EB-1 Visa?

Obtaining an EB-1 can be challenging because it requires applicants to demonstrate outstanding achievement evidence. Only those who can demonstrate extraordinary ability can secure a Green Card. For example, for the EB-1 B, it’s necessary to present published articles, other major media evidence, and national or internationally recognized prizes.

Which is better, the EB-1 or EB-2?

The choice between EB-1 and EB-2 National Interest Waiver (NIW) categories depends on your individual circumstances and eligibility. Both have different criteria. While EB-1 is often considered more prestigious with faster processing, EB-2 NIW may be more suitable if you have a high level of expertise and/or qualifications without meeting EB-1’s exceptional standards.

Can I leave the US whilst on an EB-1 Visa?

Yes, as an EB-1 Visa holder, you are generally allowed to leave the US temporarily for business or personal reasons. However, it’s important to maintain your intent to reside in the US as a permanent resident and meet the required residency obligations.

What is considered “extraordinary ability” under U.S. immigration law?

Extraordinary ability under the EB-1 Visa means the applicant is at the top of their field. They often have national or international acclaim and recognition through major media evidence. Applicants with extraordinary ability often hold a leading or critical role, publish allied academic field evidence, or work in distinguished organizations.

Do I need a job offer from a US employer to apply for an EB-1C Green Card?

Yes, you must have a job offer from a company that operates in the United States (for one year or longer) and at least one other country. Unlike EB-1A (Extraordinary Ability), which allows self-petition and does not require a job offer, EB-1C strictly requires an offer of employment.

Can I apply for an EB-1 Visa while in the US on a non-immigrant visa?

Yes. You first must qualify for one of the EB-1 subtypes, like EB-1A (extraordinary ability), EB-1B (outstanding professors and researchers), or EB-1C (managerial or executive capacity). Then, use the File Form I-140 (Immigrant Petition) to apply. If your priority date is current, you can file Form I-485 (Adjustment of Status).

Is the EB-1 visa suitable for researchers and professors?

Yes, the EB-1B visa is suitable for outstanding professors and researchers who can demonstrate international recognition through specific evidence, such as scholarly research contributions and internationally recognized prizes. While some forms of major media evidence in allied academic fields can support an application, they must align with the defined criteria set by USCIS.

Can executives and managers of multinational companies apply for EB-1?

Yes, executives and managers can apply for the EB-1 visa if they have worked in a managerial or executive capacity abroad and are entering a managerial or executive position in the U.S. They must show business-related contributions, other major media evidence, and other significantly high remuneration to qualify. This evidence proves the person holds a high-value role.

What is a leading and critical role in EB-1?

A leading and critical role is a position where applicants have the power to influence projects, operations, or decisions within an organization, such as a comparable research position. This employment-based visa requires extraordinary ability and can demand outstanding achievement.

How to demonstrate outstanding achievement evidence for EB-1?

The EB-1 employment-based visa requires proof of performance, such as showing the authorities that you wrote scholarly articles in professional publications or major trade publications. You can provide proof that your work is recognized in a specific field through allied academic field evidence.

How do you fit the criteria for performing arts with the EB-1 Visa?

To qualify for an EB-1 Visa in the performing arts, you must show exceptional ability through major prizes, artistic exhibitions, or distinguished organizations evidence. Comparable evidence can also support your case. For example, you had leading or starring roles, critical acclaim from credible sources, a high salary in your field, etc.

What is the EB1C Green Card rejection rate?

The EB-1C Visa is for multinational executives and managers have the highest approval rates of 94 percent. Applicants must provide evidence of business-related contributions of major significance in their field. Unlike the EB-1A category, the EB-1C does not require proof of “extraordinary ability” or “major media evidence.”

Do I need to hire an immigration attorney for my application?

While it’s not mandatory, it is worth considering hiring an immigration attorney for your application to provide guidance and give you the best possible chance of success.

EB1 Green Card: How to Apply + Requirements, Costs, and More

Want to start your career in the U.S.? The EB-1 Visa is an immigrant visa for foreign nationals with outstanding achievement in one of these areas: extraordinary ability, multinational managers or executives, and outstanding professors and researchers.

This employment-based visa is meant to bring experts and priority workers to the country. It’s usually the kind of visa you get after obtaining a job offer from an American-based company, and you plan to relocate to the U.S.

The EB-1 is of major significance because it provides a path to U.S. permanent residency (Green Card), especially the EB-1A for extraordinary ability. Navigating the application process and finding the best option that showcases evidence can be difficult, but we can help. This guide can simplify the process, list the requirements, processing times, and more.

Keep reading to learn about:

EB-1 requirements
Application process
Processing times

Benefits of EB-1 Visa

The EB-1 Visa is a first-preference, employment-based visa for foreign nationals at the top of their fields, such as those in business, research, science, art, athletics, or education. The EB-1 comes with various advantages, including:

Path to a Green Card – Employment-based immigrants can receive a Green Card through employment in the U.S. This allows foreign nationals to live, work, and travel in and out of the United States.
No labor certification – Unlike other visas, such as the EB-2 or EB-3, the EB-1 doesn’t require applicants to undergo the PERM (Program Electronic Review Management) process. Visa availability is very high.
Faster processing times – The EB-1 immigrant visa is for priority workers with outstanding achievement, meaning it has very little backlog and shorter processing times.
Access to premium processing – For an extra fee of $2,805, Applicants can speed up the application process.
Self-petition option (EB-1A) – The EB-1A allows foreign nationals to self-petition, meaning they don’t need a labor certification or job offer.

How to get an EB-1 Visa?

The EB-1 Visa is a U.S. employment-based Green Card designed for foreign nationals who are highly accomplished in their field. It provides a faster path to lawful permanent residency due to the lack of labor certification requirements and high-priority processing.

The EB-1 has three subcategories: extraordinary ability (EB-1A), outstanding professors and researchers (EB-1B), and multinational managers or executives (EB-1C). Here is a quick look at the EB1 Green Card requirements.

EB-1A Visa

For foreigners with extraordinary ability of value to the United States economy
Access to self-petition
Doesn’t require a job offer

EB-1B Visa

For foreigners deemed as outstanding professors and researchers of value to the academic field in the US
A job offer is required from an academic institution in the US

EB-1C Visa

For foreigners considered as multinational managers or executives, often in business sectors
A job offer is required from a US multinational corporation

EB-1A: Extraordinary ability

Best for: People with extraordinary ability in education, science, art, or athletics.
To qualify: Applicants must showcase national or international acclaim.
Requirements: Proof of outstanding achievement, such as an Olympic Medal, an Oscar, a Pulitzer, or other.
No labor certification or job offer requirement

The EB-1A is an employment-based immigrant visa classification for foreigners with extraordinary ability in their academic field or other areas. This first-preference visa can provide a fast-track opportunity to U.S. permanent residency for qualified individuals.

This EB-1 Visa doesn’t have a labor certification or a job offer requirement. Applicants must showcase evidence of outstanding achievement and contributions of major significance, using documentation that showcases evidence of their recognized excellence.

EB-1B: Outstanding professors and researchers

Best for: People with outstanding achievements in the academic field.
To qualify: Applicants must have a minimum of three years of work experience in comparable research positions or teaching jobs.
Requirements: Have a job offer from a potential American employer. The employer must be able to hire minimum of three full-time researchers.
No labor certification required.

The EB-1B is an immigrant visa classification for outstanding professors and researchers in higher education. Applicants must show outstanding achievement and at least three years’ experience in their academic field, with scholarly research contributions and professional publications. For example, foreigners can provide scholarly articles or professional publications and a tenure-track teaching offer.

EB-1C: Multinational manager or executive

Best for: Multinational managers or executives transferring to a U.S. office of their current employer.
To qualify: Applicants must have worked for the related foreign company in a managerial or executive capacity for at least a year in the last three years before entering the U.S.
Requirements: Proof of qualifying employment abroad, a job offer for a managerial or executive role in the U.S., and documentation of the U.S. company’s business operations.
No labor certification required.

The EB-1C is an immigrant visa classification for multinational managers making business-related contributions. Compared to the EB-1A and EB-1B, the EB-1C doesn’t demand outstanding achievement. Instead, the requirements are based on the qualifying work experience.

Applicants must work in a managerial or executive capacity and enter the U.S. to fill an executive position. Thanks to their prior leadership experience, these candidates can boost the commercial success of the company that hires them.

EB-1 Application Process

Step 1: File and submit Form I-140 (Immigrant Petition for Alien Worker), along with the supporting documents. This petition will be filed by your employer, if you are applying for EB-1B or EB-1C, or by yourself, if you’re applying for EB-1A.
Step 2: Once the I-140 petition is approved, you will make an Immigrant Visa Electronic Application (Form DS-260), using consular processing at a US Embassy or consulate abroad. However, if you are already living in the US, you will apply to adjust your status (Form I-485).
Step 3: Attend a biometrics appointment to provide fingerprints, photographs, and signatures. You will also need to attend the immigration medical exam.
Step 4: Attend the visa interview.
Step 5: If the application is approved, you will receive your Green Card, allowing you to work and live in the United States.

EB-1 Fees and Costs

When applying, there are several fees and costs to consider, which change depending on whether you are applying from outside or inside the US.

Applying from within the US (adjustment of status)

Form I-140 (Immigrant Petition for Alien Worker) filing fee: $715
Form I-485 (the application to adjust status for applicants living in the US) filing fee: $950-$1,140 per person. (This fee varies depending on age)
Biometrics fee (if applicable): $85
Premium processing fee (optional): $2,805
Medical examination (performed by an authorized physician): $100 to $500 (depending on the doctor and the location)

Applying from outside the US (consular processing)

Form I-140 (Immigrant Petition for Alien Worker) filing fee: $715
DS-260 (immigrant visa electronic application) fee: $325 per person
Immigrant fee: $235
Premium processing (optional): $2,805
Medical examination (performed by an authorized physician): $100 to $500 (depending on the doctor and the location)

EB1 Green Card Processing Time

The average EB-1 Visa application timeline ranges from eight to 37 months. However, the processing time varies based on the number of applicants, workload, application process, and priority date.

In most cases, the Form I-140 (Immigrant Petition) takes 12 months to process. Adjustment of Status (Form I-485) or Consular Processing takes about 12.5 months. To speed up the overall processing time, it is best to invest in premium processing, which requires an additional fee of $2,805.

For those applying from abroad, the case is handled by the National Visa Center (NVC) and forwarded to the nearest embassy or consulate for an in-person interview. The timeline for this stage varies based on location.

Pros:

Premium processing available
No labor certification required
Access to a quicker Green Card

Cons:

Only available to top-level experts
Strict eligibility criteria
Complex application process

Why work with Global Citizen Solutions?

Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.

We have helped hundreds of clients from 35+ countries in all the top Residency by Investment and Citizenship by Investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance. We have a team of immigration lawyers, and immigration advisers specialized in US immigration.
Our team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
Our transparent pricing covers all the processes from opening your bank account, document certification, and legal due diligence to investment and submission. As there is one fee for the entire process, you can be confident that you will not face any hidden costs later.
All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your passport. We offer additional services such as company incorporation, Trusts, and Foundations formation.
The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.

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