If you are an alien of extraordinary ability, such as a teacher or executive, you may be eligible to apply for an EB-1 visa to the US.
The immigration attorneys in New Jersey at the Curbelo Law firm have more than 10 years of experience helping foreigners determine for which types of American visas may be eligible for.
Everything you need to know about the United States EB-1 visa in 2023
This employment-based immigrant visa is exclusively for outstanding nationals of extraordinary ability, researchers, professors, or certain managers and executives. If you obtain it, you can obtain the Green Card.
Recipients of an EB-1 visa will be able to legally remain in the United States indefinitely. In addition, if they wish, after 5 years they may be eligible for American citizenship.
This visa is particularly desirable for most foreigners, because the waiting period for its acceptance can be shorter compared to other ways that can take even years.
EB-1 Visa Requirements
To qualify for this visa, you must meet certain requirements. In general, these requirements are similar to those of the type O visa and are the following:
Demonstrating Extraordinary Ability
You must demonstrate that you have extraordinary ability, either because you have obtained national or international recognition or that your achievements are recognized in your area of specialty. Additionally, you must meet at least 3 of the following 10 eligibility criteria where you must show evidence of:
- Receipt of lesser prizes or awards for excellence nationally or internationally recognized.
- A membership in an association in your field which demand outstanding achievement of their members.
- Commercial successes in the performing arts.
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- A high salary compared to other people in your field of work.
- Performance of a critical role in distinguished organizations.
- Samples that your work has been displayed in artistic exhibitions or showcases.
- Samples of professional publications, major trade publications or other media.
- Some proof of authorship of scholarly articles appearing in trade, professional journals or other media.
- Having judged other people’s work individually or on a panel due to a professional request.
You can also provide proof of a one-time achievement, whether it’s a Pulitzer Prize or an Olympic medal. Similarly, you must show evidence that you still work in the field.
Demonstrate That You Are An Outstanding Professor Or Researcher
In this scenario you must demonstrate 2 of the following 6 eligibility criteria:
- Some proof of authorship of books or scholarly articles in your field area.
- You have received awards or accolades due to your achievements.
- A membership in associations where outstanding achievements are awarded to its members.
- Some justification for original scientific or scholarly research in your field area.
- Having professionally judged the work of other members in the same academic field or a related field.
- Authorships of articles or academic books in international academic publications.
Outstanding professors and researchers must provide an offer of employment issued by their future employer in the US. In addition, the US employer must show that they have employed at least 3 full-time researchers.
Being An Executive Or Manager Of A Multinational
You must be qualified with the entity where you work outside of the United States, in addition to being employed at a managerial or executive level. If an American employer petitions you for an EB-1 visa, they must have a business relationship of at least 1 year.
How To Get The EB-1 Visa?
Unlike the EB-2 and EB-3 visa, EB-1 visa applicants with extraordinary ability, professors, researchers, executives, or managers will not need a PERM labor certification. The process to obtain the EB-1 visa is as follows:
- Extraordinary ability. You can apply for the visa on your behalf through Form I-140, Petition for Alien Worker.
- Executives or managers of a multinational. Your US employer will need to submit form I-140. In addition, they must show that they have the ability to pay you the offered salary as of the priority date. To do this, you can use the annual report, financial statement or federal tax return as proof of this.
- Outstanding researchers and professors. Your US employer must file the I-140. In addition to demonstrating the ability to pay you your salary on a continuous basis from the priority date. You can use an annual report, federal tax return, or financial statements to do this.
How To Apply For The EB-1 Visa?
You or your employer must:
- Complete and sign the I-140 form.
- Pay the filing fee ($700).
- Provide the required evidence or additional documentation.
Remember that if you are applying for the EB-1 visa with extraordinary ability, you will be able to file the I-140 on your own. In addition, you may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status.
What Happens After I Apply?
Once USCIS receives your I-140, it processes the application and you will receive:
- Notice that USCIS received your petition.
- Notice of biometric services.
- Notice to appear for interview at the US embassy or consulate.
- Notification of the decision made by USCIS.
After USCIS has approved your petition, you may apply for lawful permanent residence if a visa is available on the Department of State’s Visa Bulletin.
You will be able to apply for your permanent residence if you are in the country through adjustment of status or by applying through consular processing if you are outside the US.
Can My Relatives Accompany Me On An EB-1 Visa?
If USCIS approves your I-140 petition, your spouse and unmarried children under the age of 21 may be eligible to enter the United States in E-14 or E-15 immigration status.
Another way to bring your family members to the United States is to have obtained a Green Card or become a US citizen and apply for a family petition to the United States.
How Long Does It Take To Get An EB-1 Visa?
The time varies according to the category in which you are applying for the visa.
EB 1 visa applicants with extraordinary ability may apply at their own expense. Instead, applicants who are professors, researchers, executives or managers will have to wait for their employer to submit the application along with the additional required documents.
On average, the processing time can be around 6 months. However, if this takes too long, you may be eligible for premium processing which processes your petition faster for a fee of $2,500.
You may apply for premium processing by filing Form I-907.
How Much Does It Cost To Apply For The EB-1 Visa?
The cost to apply for the EB-1 visa depends on several factors. These are:
Cost Within The US Through Adjustment Of Status
- I-140 filing fee: $700.
- I-485 Fee: Varies, typically $1,225.
- Biometric data fee (if applicable): $85.
- Premium processing fee (optional): $2,500.
Total cost : approximately $4,510.
Cost Outside The US Through Consular Processing
- I-140 filing fee: $700.
- Form DS-260 fee: $230
- Affidavit fee: $88.
- Biometric data fee (if applicable): Varies depending on the US consulate or embassy in your country of origin. Usually it would be $85.
- Premium processing fee (optional): $2,500.
Total cost : 3,603 approximately.
Immigration Lawyers In New Jersey For The EB-1 Visa
An important aspect to take into account to obtain the EB-1 visa is to be able to submit evidence and documents that clearly determine that you have extraordinary abilities and/or that you have won prizes and awards internationally.
Although you can apply for an EB-1 visa on your own, it is important to have the legal advice of an attorney to help you throughout this process. Whether you want to self-petition or you are an employer who wants to petition their employee, attorney Carolina Theresa Curbelo will be able to help you with your case.