What is the EB1 Visa?
The EB1 visa is the first category in the employment based immigration visas. EB1 gives the opportunity to people who have great academic or work achievements to immigrate to the US permanently.
- The person who can prove that they have these achievements can live and work in the US afterward. They can obtain US documents such as a driver’s license, own property, continue their education, as well as get married and have children. After a certain point that they have held the EB1 visa without any problems, they can also apply for US citizenship.
Who Can Apply for the EB1 Visa?Based on the various achievements that people can have, the US government has divided the EB1 visa into three sub-categories:
- People with extraordinary abilities in arts, science, education, athletics, and business. The achievements of these people must be extensive and/or internationally recognized and they do not need an employment offer to apply for the EB1 visa.
- Outstanding professors and researchers who have received international recognition for their contributions in their fields. The professors and researchers must have at least 3 years of experience in research or teaching and they must prove that they are coming to the US to continue advancing their field in a research or teaching position in a university.
- Multinational managers or executives who have been working for an international branch of a US company for at least 1 year in the past 3 years. They must be applying for the EB1 visa to continue working for that company and their position in the US must match or be higher than the one they had in a foreign country.
What are the EB1 Eligibility Criteria?Based on the three sub-categories of the EB1 visa, there are various requirements that applicants must meet.
Standard EB1 eligibility criteria:To qualify for the EB1 green card category, you must prove that you meet at least 3 of the criteria below:
- Have received a national or international price/award for their achievements and excellence.
- Be a member of an association for their field which continuously asks for advancements from their members.
- Have published papers or research in your field which has been recognized in journals or the media.
- Be asked to evaluate the work of other people either as an individual or in a panel.
- Contribution in your field in a scholarly, scientific, artistic, athletic, or business-related in a significant way.
- Have written articles that have been published in trade publications or major media.
- Have your work featured in exhibitions or other showcases.
- Evidence that you have performed a crucial role in a distinguished organization.
- Receive a high salary and you are expected to be paid significantly as compared to others in your field.
- Be the recipient of commercial success in performing arts.
How to Apply for the EB1 Visa?Applications for the EB1 visas have multiple steps which involve both the employer and the foreign employee. The application process has these two parts:
- The US employer obtains labor certification and files the necessary petitions
- If approved, the foreign employee then applies for the EB1 visa at a US Embassy in their home country
👉 If you are applying on the basis of Extraordinary Abilities, then you do not need to have an employer file a petition, but you can file one for yourself. For the Professor/Researcher and Multinational Manager EB1 visas, you must have an employer file the petition for you.
EB1 visa application procedures from US employer.
✅ Getting the labor certificationThe first requirement for a US employer to hire a foreign employee is to get a labor certification by the US Department of Labor. This is done by filing Form ETA 750 to the DOL. By submitting this form, the US employer states that they have tried to find a US employee for that job position but could not and that the foreign worker will be paid a prevailing wage.
The form is processed by the DOL and the employer and employee are notified of the decision. If approved, the US employer can go on to the next step, but if the certification is denied, then the foreign worker is not allowed to get an EB1 visa.
✅ Filing the petitionIn addition to the labor certification, the employer must also file a petition to the US Citizenship and Immigration Services (USCIS). This is done by filing Form I-140, Immigrant Petition for Alien Worker. The employer must also attach financial statements, audits, and tax returns to prove that the company is financially stable. For the Extraordinary Ability EB1 visa, you as the applicant can file the petition to USCIS and pay the fee.
To apply for an EB1 Visa you must provide the following documents to your application file:
- Your passport which must be valid for more than 6 months after your intended departure to the US
- Your employment offer from the US employer
- The approved labor certification
- The approved petition
- Your DS-260 confirmation page
- Your signed medical and vaccine documents
- Two photographs meeting the Requirements for a US visa photo
- Proof that you meet the criteria for the category you are applying
- Letters from previous employers
- Court and criminal records
- Depending on the case, the NVC might require other supporting documents, so you must follow their instructions carefully.