EB-1 Visa: Your Gateway to the American Dream for Extraordinary Talent

©

Immigrating to the United States through the EB-1 visa category is reserved for individuals with extraordinary ability, outstanding professors and researchers, and multinational managers and executives. The EB-1 visa is an employment-based immigrant visa category that provides a path to permanent residency (green card) in the United States. Here are the general steps to immigrate to the U.S. through the EB-1 visa:

• Determine Eligibility:

  • You must fall into one of the three categories under EB-1:

    • EB-1A: Individuals with extraordinary ability in sciences, arts, education, business, or athletics.

    • EB-1B: Outstanding professors and researchers.

    • EB-1C: Multinational managers and executives.

• Gather Documentation:

  • Depending on the specific EB-1 category you qualify for, you will need to provide documentation and evidence of your qualifications and achievements.

    • EB-1A: Gather evidence of your extraordinary ability, such as awards, publications, memberships, and significant contributions in your field.

    • EB-1B: Collect documentation demonstrating your outstanding achievements as a professor or researcher, including publications, citations, and recommendation letters.

    • EB-1C: Show that you have worked as a manager or executive for a qualifying multinational company for at least one year.

• Find a U.S. Employer:

  • For EB-1A and EB-1B categories, you will need a job offer from a U.S. employer. The employer will typically be the petitioner for your EB-1 visa.

• File Form I-140:

  • The employer will file Form I-140, Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS) on your behalf. Include all required documentation and fees.

• Wait for USCIS Approval:

  • USCIS will review your petition and may request additional evidence if needed. Once approved, you will receive an Approval Notice.

• Wait for a Visa Number:

  • Depending on your country of birth and visa bulletin priority dates, you may need to wait for an available visa number. The EB-1 category typically has shorter waiting times compared to other employment-based categories.

• File Adjustment of Status or Attend Consular Processing:

  • If you are already in the U.S., you can file Form I-485, Application to Register Permanent Residence or Adjust Status, to adjust your status to that of a permanent resident. If you are outside the U.S., you will go through consular processing at a U.S. embassy or consulate.

• Attend an Interview:

  • If required, attend an interview as part of the adjustment of status or consular processing.

• Receive a Green Card:

  • Once your application is approved, you will receive a green card as evidence of your permanent residency.

Who is eligible for an EB-1 visa?

The EB-1 visa category in the United States is designed for individuals who possess extraordinary ability, are outstanding professors or researchers, or are multinational managers or executives. Here's a breakdown of the eligibility criteria for each subcategory:

• EB-1A: Extraordinary Ability

  • To qualify for the EB-1A visa, you must demonstrate extraordinary ability in your field. This category is open to individuals in the fields of sciences, arts, education, business, or athletics. You must meet at least three of the following criteria:

    • Receipt of major awards or prizes in your field.

    • Membership in professional organizations that require outstanding achievements.

    • A record of significant contributions and achievements in your field.

    • Recognition by experts in your field through letters of recommendation.

    • A significant body of work or a substantial portfolio in your area of expertise.

    • Evidence of commercial success or critical acclaim in the arts or entertainment industry.

• EB-1B: Outstanding Professors and Researchers

  • The EB-1B category is for outstanding professors and researchers. To be eligible, you must have a permanent job offer from a U.S. university or research institution. Additionally, you must meet at least two of the following criteria:

    • A minimum of three years of teaching or research experience.

    • A record of outstanding achievements and contributions to your academic field.

    • Recognition by experts in your field through letters of recommendation.

    • Publication of scholarly articles or books.

    • Participation as a judge of the work of others in your field.

• EB-1C: Multinational Managers and Executives

  • The EB-1C category is for multinational managers and executives who have been employed by a qualifying multinational company for at least one year in the three years preceding the petition. To be eligible:

    • You must be coming to the U.S. to work for the same employer, a subsidiary, or an affiliate.

    • You must have been employed in a managerial or executive capacity.

    • The U.S. office or subsidiary must have been in existence for at least one year.

Are there any other ways to obtain a green card in the US besides an EB-1 visa?

Yes, there are several other ways to obtain a green card (permanent residency) in the United States besides the EB-1 visa. Green cards can be obtained through various family-based and employment-based categories, as well as humanitarian programs. Here are some common alternatives:

• Family Sponsorship:

  • Immediate Relatives: U.S. citizens can sponsor their immediate relatives, including spouses, unmarried children under 21, and parents.

  • Family Preference Categories: U.S. citizens and lawful permanent residents (green card holders) can sponsor other family members, such as married children, siblings, and adult children, in the family preference categories.

• Employment-Based Categories:

  • EB-2 and EB-3 Visas: These categories are for individuals with advanced degrees or exceptional abilities (EB-2) and skilled workers, professionals, or other workers (EB-3) who have job offers from U.S. employers.

  • EB-4 Visa: This category is for special immigrants, including religious workers, employees of U.S. foreign service posts, and certain international broadcasters.

  • EB-5 Immigrant Investor Visa: This program allows foreign investors to obtain a green card by investing a significant amount of capital in a new commercial enterprise that creates jobs in the U.S.

• Diversity Visa Lottery:

  • The Diversity Visa (DV) lottery program, also known as the Green Card Lottery, provides a limited number of green cards to individuals from countries with low rates of immigration to the U.S. Winners are selected through a random lottery process.

• Asylum or Refugee Status:

  • Individuals who have been granted asylum or refugee status in the U.S. may be eligible to apply for a green card after a certain period of time.

• Victims of Crimes or Human Trafficking:

  • Certain victims of crimes or human trafficking may be eligible for green cards through special visa programs like the U Visa or the T Visa.

• Special Programs:

  • There are various special immigrant categories for specific groups of people, such as Afghan and Iraqi translators, international organization employees, and more.

• Registry:

  • Some individuals who have been living in the U.S. continuously since a certain date (before January 1, 1972) may be eligible to apply for a green card through the registry program.

• Registry:

  • Some individuals who have been living in the U.S. continuously since a certain date (before January 1, 1972) may be eligible to apply for a green card through the registry program.

• VAWA (Violence Against Women Act):

  • Certain abused spouses and children of U.S. citizens or green card holders may be eligible to self-petition for a green card under VAWA.

Дмитрий Вовчок / nomid
Главред ARDinform