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Understanding the Eligibility Requirements for the EB-1 Extraordinary Person Green Card

The EB-1 visa is an incredibly powerful tool for individuals seeking to immigrate to the US. This visa provides a path to permanent residency for individuals with extraordinary abilities in science, business, art, education, sports, etc. With its flexibility and wide range of potential benefits, the EB-1 visa can be a great option for those looking to start a new life in the US.

In this blog post, we will take a closer look at the EB-1 visa, and explore how it can help you achieve your dreams of living and working in the US.

What is an EB-1 Visa?

The EB-1 visa program is a first-preference employment-based visa for foreign nationals who demonstrate extraordinary ability in their field of expertise. The EB-1 visa allows foreign nationals of extraordinary ability, outstanding professors and researchers, and multinational executives and managers to immigrate to the United States. 

This visa is a great choice for individuals who have achieved success in their field and want to continue that success in the U.S. This visa has strict requirements and is highly competitive, so it is important for applicants to carefully consider their options before applying.

To apply for an EB-1 visa, applicants must provide evidence of their extraordinary ability in the fields of business, education, science, or athletics. Some applicants must also have a job offer from a U.S. employer. 

Those who are able to demonstrate their extraordinary ability through accomplishments such as:

  • publications in respected, peer-reviewed journals;
  • awards and recognition from academic or research institutions;
  • invitations to present research at conferences and symposia;
  • invitations to serve on panels and other professional committees;
  • membership in professional associations;
  • editorial positions for academic journals;
  • evidence of teaching excellence, such as student evaluations and awards;
  • external grants or research funding;
  • patents or inventions;
  • invitations to give keynote speeches; and
  • research leading to changes in public policy will be eligible for this visa.

Requirements for an Alien of Extraordinary Ability (EB-1A)

To qualify for the EB-1A visa, the applicant must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Proof of a one-time achievement, such as a major internationally-recognized award is acceptable too.

The applicant must also provide evidence of at least three years of experience in the field of endeavor. Furthermore, you must also demonstrate that your work is of substantial merit and national or international recognition and that your work in the United States will substantially benefit the United States.

Those who have risen to the very top of their field are the most likely to qualify for the EB-1A visa. To begin the process, it is important to contact an experienced immigration lawyer to ensure that all criteria are met and all paperwork is in order. 

Requirements for an Outstanding Professor or Researcher (EB-1B)

The EB-1B Visa is a pathway for permanent residence in the U.S. for outstanding professors and researchers. This visa requires that you demonstrate sustained national or international acclaim and recognition for your achievements in the field.

Additionally, you must have a minimum of three years of experience in teaching or research in the field, as well as have received a major award or honor in the field of endeavor. To be approved for the EB-1B visa, you must have:

  • peer-reviewed articles or publications in the field of endeavor
  • letters of recommendation from internationally recognized experts in the field
  • you must demonstrate a level of expertise indicating that you are at the very top of the field of endeavor.

If you meet all the requirements for the EB-1B Visa, you will be issued an immigrant visa and can also sponsor your spouse and unmarried children under 21 for permanent residence in the U.S.

Requirements for Certain Multinational Managers or Executives (EB-1C)

The EB-1C visa is a great option for those who wish to work in the United States in a managerial or executive role for a multinational company. To be eligible, applicants must have been employed by a qualifying organization outside of the US for at least one year within the last three years and plan to be employed by a US employer that has been in existence for at least one year in the same managerial or executive role that they held with the foreign employer.

Additionally, the US employer must be able to demonstrate the ability to pay the employee’s salary and that the employee has the same qualifications for the role as those of US workers in similar positions. 

Overall, the EB-1C visa is a great option for eligible individuals with managerial or executive roles in multinational companies, as it allows them to work in the United States in the same position they held with their foreign employer. Those interested should make sure to meet all the requirements for eligibility to ensure the best chances of success.

How to Apply for an EB-1 Visa

First, you must understand the requirements for the EB-1 visa and make sure you qualify. You’ll need to gather all the documents needed to apply, such as proof of employment, credentials, or other evidence of your extraordinary ability, and fill out the proper forms.

Once you have all the paperwork together, you can submit your Form I-140 application to the U.S. Citizenship and Immigration Services (USCIS). After submitting your application, you must wait for the decision.

After Form I-140 is approved, you may proceed with the application for the actual visa. Depending on the country of origin and availability of visa numbers, the visa may be issued immediately or may take several months to several years. The Department of State and U.S. Citizenship and Immigration Services are both responsible for processing EB-1 visa applications.

How Long Does It Take to Get an EB-1 Visa?

The processing time for an EB-1 visa will vary depending on the individual case and the backlog of applications in the processing queue. Generally, the entire process may take anywhere between 12 to 36 months.

Family of EB-1 Visa Holders

Not only can the primary EB-1 visa holder enter the US, but their family members, such as a spouse and unmarried children under 21, can also immigrate on the EB-1 visa. Furthermore, the family of the EB-1 visa holder may be eligible for employment authorization and U.S. citizenship after continuously residing in the U.S. permanently for at least 5 years.

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