How to Apply for EB-1 Visa - The Ultimate Guide
The EB-1 visa is a green card that allows a foreigner to live and work in the U.S. for at least three years before applying for citizenship. It's often referred to as the "Expat Visa" because it allows people with substantial American ties to immigrate to the country. The EB-1 visa program was established in 1990, so today, there are many more opportunities for those interested in entering the United States as an immigrant than when this article was originally written. Those who qualify for an EB-1 visa can come from any nationality but must have a high school diploma or its equivalent and be at least 33 years of age at the time of application. They also need to show that they meet one of two set criteria; either they have $50 million or 500 million to invest in U.S. businesses or real estate, which will become profitable within ten years if you meet all these requirements; congratulations! Now you have to know how to apply for an EB-1 visa to finally live your life as an immigrant ins
Are you a highly skilled foreign national interested in immigrating to the United States? If so, you may want to consider applying for an EB-1 visa. An EB-1 key is different from other types of green cards in that it allows for exceptional merit-based preference. In general, U.S. immigration law requires that immigrants be able to speak English well and demonstrate skills that will contribute to the country’s economic growth and development. However, some exceptions say “potential immigrant,” not “everybody.” For example, the government will generally give more attention than usual to applicants with at least a bachelor’s degree or advanced work experiences in a particular field, such as engineering or medicine. And the EB-1 program specifically targets high-skilled workers who can contribute significantly to their home country’s economy. EB-1 visas are also limited to individuals who have demonstrated outstanding achievement in academic or professional fields and have at least $100,000 in wealth when applying for permanent residence status (green card). If you look at this opportunity purely as a financial consideration, you're out of luck.
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What is a Visa
A visa is a permit that allows a person to enter and remain in a particular country as a visitor. It does not allow for any form of employment or permanent residency. National governments generally issue visas to allow international travel and emigration. Some countries also issue tourist visas which are free of charge.
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What is an EB-1 Visa?
An EB-1 Visa is a particular type of visa limited to one person per household. The visa is issued to individuals with extraordinary scientific, technological, engineering, or medical abilities. The United States Citizenship and Immigration Services (USCIS) manages the program. EB-1 visas are issued to individuals who: Have a bachelor’s degree or advanced work experience in a particular field. Have a high-paying job offer from a company based in their home country. Have the ability to pay for the visa application fee and travel time to the United States.
How to Apply for an EB-1 Visa
The first step in applying for an EB-1 visa is getting ready to immigrate. You will need to: Apply for a tourist or business visa. Provide proof of funds. Get a non-immigrant visa.
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 based on Extraordinary Abilities, you do not need to have an employer file a petition, but you can file one yourself. For the Professor/Researcher and Multinational Manager EB1 visas, you must have an employer file the petition for you.
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How to Apply for a U.S. Work Permit
You must apply for a U.S. work permit if you are an EB-1 visa applicant and are not already a U.S. citizen. There are a few requirements for this: You must demonstrate that you have the necessary experience, education, and ability to perform the tasks required of a U.S. worker. You must be willing to accept a lower salary than you are earning in your home country.
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Who can Apply for an EB-1 visa?
To be able to apply for an EB-1 visa, you will need to be: A citizen or national of a country that issues the visa Or a non-citizen who is the spouse or dependent child of a citizen of that country, Not a national of a country that does not issue the permit.
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 prize/award for their achievements and excellence.
- Be a member of an association for their field, which continuously asks for advancements from its members.
- Have published papers or research in your field which has been recognized in journals or the media.
- Be invited to evaluate other people's work individually or in a panel.
- Contribution in your area in a significant way is scholarly, scientific, artistic, athletic, or business-related.
- Have written articles 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 compared to others in your field.
- Be the recipient of commercial success in performing arts.
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EB1 eligibility criteria for Professors and Researchers
For the Professor or Researcher category, you must meet 2 of the requirements 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 its 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 in international trade journals in your field.
EB1 Eligibility Criteria for Multinational Managers
Finally, to qualify for the Multinational Manager or Executive EB1 visa, you must have a valid job offer from the company with a branch or subsidiary in the foreign country, and you were employed or worked with them.
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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 from 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 DOL processes the form, 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, the foreign worker is not allowed to get an EB1 visa.
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Filing the petition
In addition to the labor certification, the employer must 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. The case will go to the National Visa Center (NVC) if approved. 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.
EB1 visa application procedures for foreign worker
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File Form DS-260, Online Immigrant Visa Application
The applicant or foreign worker must complete this form which serves as an application for the EB1 visa. The US Embassy or Consulate will process the state they are applying for.
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 sign them.
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.
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To apply for an EB1 Visa, you must provide the following documents to your application file:
- Your passport must be valid for more than six 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 meet 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
- The NVC might require other supporting documents depending on the case, so you must follow their instructions carefully.
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Attend the EB1 visa interview
The NVC will review your application and supporting documents, and if there are no more requirements, they will schedule an interview for you at the US Embassy you are applying from. Attend the interview and be as specific as possible in answering the questions regarding your background and other details. The interviewer will make the final decision on whether they should issue you an EB1 visa or not.
Receive the NVC package and travel to the US
If your EB1 visa is approved, you will receive a package from the NVC. It would help if you did not open this package under any circumstances. Take it with you when you travel to the US and give it to an immigration officer at a US port of entry. Only they are allowed to open it and decide whether you should be allowed to enter the country or not.
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What’s the Catch with an EB-1 Visa?
An EB-1 visa is a minimal immigration benefit. The visa is meant to offer foreign nationals with exceptional skill and talent a leg up in the U.S. job market. It is not intended as a path to permanent residency. There are, however, a few things to keep in mind before applying for an EB-1 visa. In general, the visa has a low economic impact. However, job market conditions in the home country can significantly affect an individual’s ability to work in the United States. If you cannot work in your home country, an EB-1 visa could be a good option.
What are the EB1 visa fees?
There are many fees that 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 using. 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 to Apply for a U.S. Resident Card
If you have an EB-1 visa and cannot immigrate because of circumstances outside of your control, you may want to try applying for a U.S. resident card. There are two types of cards: Green card - The green card is a permanent residency visa required to apply for permanent residency in the United States. Non-green card - A non-immigrant card that temporarily allows you to work in the United States.
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Final Thought
The EB-1 visa is a special visa issued to individuals with extraordinary abilities in science, technology, engineering, or medicine. The United States Citizenship and Immigration Services (USCIS) manages the program. EB-1 visas are only issued to individuals who meet specific criteria and have demonstrated outstanding achievement in academic or professional fields. These visas are limited in number and can be denied to individuals who cannot meet these criteria. The EB-1 visa is one of the most coveted green cards available. It is reserved for individuals who have demonstrated exceptional merit based on their ability to contribute to their home country.
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