EB-1 Visa

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What Is EB-1 Visa ?

The EB1 is a U.S. employment-based first-preference visa open to foreign nationals of three subcategories.

1- EB1A – Foreign nationals with extraordinary ability ,  2-EB1B – Outstanding professors or researchers, and,   3- EB1C – Multinational executives or managers

Considered as one of the most important employment-based green card categories, the EB1 visa offers certain advantages and flexibility to foreign nationals that other similar visas don’t. ​​The EB1 green card provides permanent resident status in the U.S. to approved applicants. This implies that once you get permanent residence, you are free to stay in the United States indefinitely and work anywhere in the country. After receiving the EB1 based green card, one can petition for U.S. citizenship. After five years of continuous residency as a green card holder, you will be entitled to apply for citizenship. Such advantages also add to perks of securing an EB1, like shorter wait time, unlike other immigrant visa categories that may take years. Additionally, applicants of the EB1 visa don’t necessarily need to obtain Labor Certification via the Department of Labor, which serves as one of the major requirements in multiple other employment-based visas.

Who Qualifies for the EB1 Visa?

You are eligible to opt for an EB1 visa if –

EB1A – You’re a foreign national with extraordinary ability

Under this clause, as an applicant for an EB1 visa, the beneficiary must demonstrate extraordinary ability in the field of arts, sciences, business, education, or athletics via sustained international or national level acclaim. Further, the achievements in such a case must be recognized via extensive documentation of progress in the suggested field. Remember, the beneficiary doesn’t necessarily need to possess a an offer of employment,. However, the evidence may prove that you intend to move to the United States to pursue a career in your area of expertise.

EB1B – Outstanding professors and researchers

To apply for an EB1B visa category, the beneficiary must demonstrate international level recognition for excellent achievements in a particular academic field. Further, such a claim should be backed by at least three years of experience in researching or teaching in the suggested academic area. Remember, for application under this category, the beneficiary must have a job offer from any institution of higher learning, university, division, institute of a private employer, or a department. Also, the beneficiary needs to ensure that the purpose for entering the U.S. is for tenure track teaching, pursue tenure, or a comparable research position at any other higher educational institution or university or a private employer.

EB1C – You are a foreign national who’s a multinational manager or executive

The beneficiary must have been employed outside the United States for at least one year in the three years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The petitioner employer in the U.S. must have been doing business for at least one year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity.

Labor certification is not required.

Application Process

Extraordinary Ability: The beneficiary may apply by filing a Form I-140, Petition for Foreign Worker.

Outstanding Professors and Researchers: A Form I-140, Petition for a Foreign Worker, must be filed by the U.S. employer. The employer should demonstrate a continued ability to pay the promised wage as of the priority date as part of the application process. To establish a continued ability to pay your wage, the employer may utilize an annual report, federal income tax return, or audited financial statement.

Multinational Manager or Executive: Your employer in the United States must file Form I-140, Petition for Foreign Worker, with the USCIS. As part of the application process, your employer must demonstrate a continuing ability to pay the offered wage as of the priority date. To establish a continued ability to pay your wage, your company can furnish an annual report, federal income tax return, or audited financial statement.

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Other Type Of Green Card

Processing Time for EB1 Visa

The processing time of an EB1 application primarily depends on the beneficiary’s backlogs at the USCIS office while they’re processing your Form I-140 petition. The ideal waiting period by the USCIS lies between 4 to 15 months. A majority of these petitions are processed within six months. However, there maybe an additional wait to file the actual adjustment of status application (I-485) which will give you the Green Card, this is because, a limited number of Green Card numbers are issued every year and every country is alloted an equal number, however, some countries are oversubscribed. As a result of the demand among those nationals, they have to wait for a Green Card Number to become available before they can file for a I-485. Even though the wait for the Eb-1 category can be much less that other categories, depending on demand, the numbers can become unavailable for nationals of India and China, which could involve a wait of a few years, depending on worldwide demand as well.

Once the beneficiary has successfully applied and is allotted the EB1 green card, it grants a permanent resident status in the United States. Once obtained, you’re free to stay indefinitely in the U.S. and work unrestricted from anywhere in the country.

Family of EB1 Visa Holders

If the I-140 petition is approved, the beneficiary’s spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E14 or E15 immigrant status, respectively.

Ever since its inception, the Law Offices of Prashanthi Reddy, PLLC, a NYC-based immigration law practice, has submitted many EB1 applications. As a result, our attorneys are well versed in EB1 cases. That’s the reason why we can foresee problems and provide appropriate advice at the right moment. Because a lot of our work at the Law Offices of Prashanthi Reddy, PLLC, is employment-based immigration, we are in a unique position to advise our clients on best practices at the time of submitting EB1 cases.

For more information, contact The Law Offices of Prashanthi Reddy at prashanthi@reddyesq.com or by calling 212-354-1010.

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