United States EB-1 Visa

What is EB-1 Visa USA?

The EB-1 visa is a popular category for United States employment-based permanent residency. EB-1 is for “priority workers”. foreign nationals who can demonstrate “extraordinary abilities”, or are “outstanding professors or researchers”, and this also includes “some executives and managers of foreign companies who are relocated to the US”. It permits them to remain permanently in the US.

Types of EB-1 visa:

  • EB-1A Visa: Aliens of Extraordinary Ability
  • EB-1B Visa: Outstanding Researchers/Outstanding Professors
  • EB-1C Visa: Managers and Executive Transferees

Who Is It For

The EB-1 visas are planned for intending migrants who are among the most talented and accomplished in their professional grounds within the sciences, arts, education, sports and business.

How to Qualify?

To qualify for the EB-1, you should be able to prove you qualify for one of the following eligibility criteria:

Route 1: Extraordinary Ability

  • You can demonstrate extraordinary ability in your area of expertise (sciences, education, arts, business, or athletics) through constant national or international acclamation.
  • The proof of your ability shown must meet at least 3 out of 10 conditions set by USCIS, or provide proof of a truly extraordinary single achievement.

 

Route 2: Outstanding Professor or Researcher

  • You can reveal that you have received international recognition for brilliant and exceptional performance in your distinct academic arena.
  • Furthermore, you must demonstrate at least 3 years’ experience either in teaching or in research in the same academic arena.
  • Lastly, you must be willing to enter the United States to pursue tenure or tenure-track teaching or to take up a research position at a university (or equivalent educational institution). Evidence must meet at least 2 of 6 conditions set up by USCIS.

Route 3: Multinational Executive or Manager

  • This is open to those looking for immigrating to the United States in order to start to work for a business that has provided job offer to the applicant in a managerial or executive capacity outside the country for minimum one of the past three years.
  • The petitioning employer must be a U.S. employer and must have been doing business for at least one year at the time of application.

Process

How to File An Application For EB-1 Visa USA?

EB-1 Visa Application Process

  • Extraordinary Ability: You may apply for the EB-1 yourself by filing a Form I-140, Petition for Alien Worker.
  • Outstanding Professors and Researchers: an employer from the US must file a Form I-140, Petition for Alien Worker. The employer must prove the financial ability to pay salary to the employee. the employer may provide copy of financial report, income tax return, or auditors report to prove an ongoing ability to pay your salary.
  • Multinational Manager or Executive: The U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, the employer must prove the financial ability to pay salary to the employee. the employer may provide copy of financial report, income tax return, or auditors report to prove an ongoing ability to pay your salary.

For more information on filing fees, see File My Application Online

Documents Needed

Documents depend on which category you are applying for. But some of the common document requirements are:

  • Passport(s) valid for at least six months beyond the intended date of entry into the United States,
  • Form DS-260, Immigrant Visa and Alien Registration Application.
  • Preview a sample DS-260 (6.4MB).
  • Two (2) 2×2 photographs. Read the required photo format explained in Photograph Requirements.
  • Civil Documents for the applicant.  The consular officer in the US embassy may ask for more information at the time of visa interview. Bring your genuine civil documents that includes ID documents, birth and marriage certificates, as well as legible photocopies of the genuine civil documents, and any required translations to your immigrant visa interview. Original documents and translations can then be given back to you.
  • Financial Support – At your immigrant visa interview, you must show documents to the consular officer that you are not likely to become a public charge in the United States.
  • Completed Medical Examination Forms – These are issued by the panel physician when you have successfully completed your medical and vaccination.

Government Fees

The EB-1 visa application fee is $700.

Additional Information

Within this category, aliens with exceptional ability (EB-1A) don’t need to prove that they have an employer in the US; they just have to prove that they will keep working in their area of expertise. Most of the other EB-1 applicants (for instance, outstanding professors, researchers or multinational executives) have to get an employer in the US to support their applications.

Source: U.S. Department of State