How to Apply for an EB1 Visa - The Ultimate Guide on Everything you know

‍Becoming an American citizen is a great accomplishment, and verifying your status is even better. The EB-1 visa allows immigrants to work in the United States for extended periods and pursue a specific degree or career path. However, like any other visa, obtaining it can be challenging and require a fair amount of paperwork. If you are interested in immersing yourself in the U.S. economy but do not meet the requirements for an EB-1 visa, this article may be able to help. Keep reading to discover everything you need to know about applying for an EB-1 visa. If you are looking to work in the United States but do not have a job offer or advanced degree, you could apply for an EB-1 visa. An EB-1 Visa is issued to immigrants who demonstrate that they have special skills needed in the U.S. economy and will not be readily available in their home country within five years. Although it is more complex than getting a green card without experience, it’s also worth considering if you want to live and work permanently in the U.S.

What is an EB-1 Visa?

An EB-1 Visa is issued to professionals with exceptional skills within the U.S. economy. The visa recognizes that the recipient has the skills needed to work in the U.S. for a fixed period and that they will not be replaced in their home country within five years. EB-1 visas are only issued to individuals with a job offer from an American employer and meet other requirements, such as having a bachelor’s degree or working in their home country for five years.

The person who can prove that they have these achievements can live and work in the U.S. afterward. They can obtain U.S. documents such as a driver’s license, own property, continue their education, and get married and have children. After a certain point that they have held the EB1 visa without any problems, they can also apply for U.S. citizenship.

What Skills Does an EB-1 Visa Offer?

An EB-1 Visa does not guarantee employment, and you can’t sit at a desk and write job offers. Instead, an EB-1 Visa allows you to practice a specific skill and work toward a particular goal. This can be anything from becoming a management consultant in the U.S. to teaching English abroad. Depending on your proficiency and experience, you may be able to apply for various jobs, including jobs requiring particular expertise, such as developing financial analyses of countries in Eastern Europe or managing a global health initiative.

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.

How to Apply for an EB-1 Visa - The Ultimate Guide

If you are interested in immersing yourself in the U.S. economy but do not meet the requirements for an EB-1 visa, this article may be able to help. For example, if you are a highly skilled engineer with a doctorate in physics, working as a consultant in the UU.S.could be a great way to get your expertise into use. To qualify for an EB-1 Visa, you must meet the following requirements: You must have a job offer from an American employer. You must have a job offer that states that you will work in the United States for a specific period and will not be replaced in your home country within five years. You must have a bachelor’s degree or equivalent in engineering, business, or other related fields. You must be physically fit and healthy enough to work 80-hour weeks for at least five years. You must be able to speak English, French, Spanish, or some other language necessary for the work environment. You must have two years of permanent, high-skilled, professional work experience. You must have the appropriate equipment and skills to function as a specialist in the field of your choice.

Meanwhile, 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.

Requirements for an EB-1 Visa

To qualify for an EB-1 Visa, you must meet the following requirements: You must have a job offer from an American employer. You must have a job offer stating that you will work in the United States for a specific and will not be replaced in your home country within five years. You must have a bachelor’s degree or equivalent in engineering, business, or other related fields. You must be physically fit and healthy enough to work 80-hour weeks for at least five years. You must be able to speak English, French, Spanish, or some other language necessary for the work environment. You must have two years of permanent, high-skilled, professional work experience. You must have the appropriate equipment and skills to function as a specialist in the field of your choice.

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.

EB1 eligibility criteria for Professors and Researchers

For the Professor or Researcher category, you must meet 2 of the criteria below and have an offer from a US employer.

• Be the recipient of awards/prizes for your achievements.
• Be a member of an association for their field which continuously asks for advancements from their members.
• Proof that others have written and published material about your work and achievements in your field.
• Evidence that you were asked to evaluate the work of other people either as an individual or in a panel
• Be an author of scholarly or scientific contributions in your field.
• Have written and published articles or books international trade journals in your field.

EB1 Eligibility Requirements for Managers of Multinational Companies

Last but not least, in order to be eligible for the Multinational Manager or Executive EB1 visa, you need to have a legitimate job offer from a firm that has had a branch or subsidiary in the foreign country, and you also need to have been hired or worked for the company in question.

EB1 visa application procedures from US employer

Getting the labor certification

The 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 petition

In 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.

USCIS will process the petition and will notify the employer. If approved, the case will go to the National Visa Center (NVC). If denied, the US employer is not allowed to hire a foreign worker.

When the case goes to the NVC, they will assign a case number and invoice ID number. These documents will be part of the package with instructions on how to apply that will be sent to the foreign employee in their home country. However, since there is a cap on the EB1 visas, the NVC will only send this package when the applicant’s priority date becomes current.

Procedures for applying for an EB1 visa as a foreign worker Include

submitting Form DS-260, the Electronic Immigrant Visa Application.

This form, which also acts as an application for the EB1 visa, must be filled out by the applicant as well as the foreign worker. The United States Embassy or Consulate where the applicant is submitting their application will be the one to process the form.

Complete medical examination and vaccination

In the NVC package, there will also be requirements about medical examinations and vaccination that the applicant must conduct. The applicant must go to a licensed doctor to complete the documents and have them signed.

Compile the supporting documents file for the EB1 visa

After the NVC approves your Form DS-260, you must send the supporting documents for your case.

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.

What are the EB1 visa fees?

There are many fees which you are responsible for paying while you apply for the EB1 visa. The amounts vary and are decided by USCIS and the US Embassy in the country you are applying from. In general, you will have to pay the following fees:

• USCIS Form I-140 petition filing fee
• Form DS-260 processing fee
• Medical examination fees
• Fees to obtain supporting documents
• Any translation fees from foreign language to English

How long is the EB1 visa Processing Time?

The processing time for an EB1 visa can be from a few months to a few years. Since the employment-based visas have a cap, the EB1 processing time can be quite long.  This is all determined by when you apply and whether you are next in line from USCIS and NVC.

With an EB1 visa, can I have access to American healthcare?

As a holder of an EB1 visa, you will have access to healthcare in the US, but the expense of receiving medical care there is among the highest in the world.

A broken leg or arm will cost $2,500 to fix, while an average hospital stay in the US might cost over $10,000.

Choose a health insurance plan that best suits your demands, is generally inexpensive, and matches your budget.

How to get a Lawful Permanent Resident (LPR) status?

The next step after you have gotten your EB1 visa is to get a Green Card.  To change your status from your immigrant visa to an Lawful Permanent Resident, you must first have an approved petition from USCIS and the visa, as well as live in the US.

Afterwards, you must file Form I-485, Application to Register Permanent Residence or Adjust Status to USCIS. This form will be processed and if approved you will get your Green Card in the mail after a few weeks.

Conclusion

The EB-1 visa is a particular type of visa that allows immigrants to work in the United States for extended periods and pursue a specific degree or career path. Like any other visa, obtaining it can be challenging and require a fair amount of paperwork. If you are interested in immersing yourself in the U.S. economy but do not meet the requirements for an EB-1 visa, tU.S.article may be able to help.