How to Apply for an EB1 Visa for a US Employment Green Card

Are you looking to apply for an EB1 Visa for a US Employment Green Card? If so, you’ve come to the right place! This blog post will provide an overview of how to apply for an EB1 Visa for a US Employment Green Card. We’ll discuss the qualifications, documentation, and application process needed to be approved for an EB1 Visa. With this information, you can make an informed decision about whether or not you’re eligible for an EB1 Visa and what steps you need to take to apply for one. So let’s get started!

US IMMIGRATION Jan 17, 2023 2 2734 Add to Reading List

Are you looking for information on How to Apply for an EB1 Visa for a US Employment Green Card? If so, then you’ve come to the right place! This blog post will provide a comprehensive guide to applying for an EB1 Visa, from understanding the eligibility requirements to submitting your application. We’ll also discuss this visa's benefits and tips on increasing your chances of getting approved. So read on to learn more about the EB1 Visa and how to apply for one.

In addition to family and close relatives, the US also issues employment visas to those who meet the requirements. With the help of these employment-sponsored visas, foreign workers who have located an employer that is eager to engage them can settle permanently in the US and begin employment there without a work authorization document.

What is the EB1 Visa?

The EB1 Visa, otherwise known as the Employment-Based First Preference visa, is a type of United States green card designed for foreign nationals with extraordinary abilities, outstanding professors or researchers, and multinational executives and managers. This visa allows individuals to remain and work permanently in the United States. Therefore, understanding the requirements and eligibility of an EB1 Visa before applying is essential.

To be eligible for the EB1 Visa, you must demonstrate extraordinary ability, outstanding achievement in a particular field, or have an international reputation. You will also need proof of your employment status abroad to qualify. Also, please provide evidence that an employer in the US is sponsoring you and that you are entering the US to continue your work in the same area of expertise. The EB1 Visa allows individuals to live and work legally in the United States, and it is essential to understand the requirements before submitting your application.

In other words

The first type of employment-based immigration visa is the EB1 visa. People with outstanding academic or professional accomplishments can come to the US permanently under EB1.

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 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. The professors and researchers must have at least three years of experience in research or teaching, and they must prove that they are coming to the US to continue advancing their field in research or teaching positions in a university.
Multinational managers or executives who have worked for an international branch of a US company for at least one year in the past three years. They must apply for an 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.

What are the eligibility requirements for EB1?

There are several prerequisites for each of the three subcategories of the EB1 visa.

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 other people's work individually or in a panel.
Contribution in your field in a scholarly, scientific, artistic, athletic, or business-related significant way.
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.

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 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 in international trade journals in your field.

Criteria for Multinational Managers' EB1 Eligibility

Finally, you must have a legitimate job offer from the firm that has had a branch or subsidiary in the foreign country and you were employed by or worked for them in order to be eligible for the Multinational Manager or Executive EB1 visa.

How to Apply for the EB1 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. However, for the Professor/Researcher and Multinational Manager EB1 visas, you must have an employer file the petition.

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 DOL processes the paperwork, notifying the employee and employer of the outcome. If the certification is accepted, the US company can move on to the next round; however, if it is rejected, the foreign worker will not be able to get an EB1 visa.

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 the employer will be notified. Then, the case will be sent to the National Visa Center if accepted (NVC). If rejected, the US employer is prohibited from hiring a foreign employee.

The NVC will assign a case number and an invoice ID number when they receive the case. This paperwork will be provided to foreign employees in their home country and information on how to apply. The NVC will only offer this package if the applicant's priority date becomes current because there is a ceiling on EB1 visas.

EB1 visa application procedures from foreign worker

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 form they are applying for.

Complete medical examination and vaccination

There will also be requirements for the candidate to complete medical exams and vaccinations in the NVC package. The application must be completed and signed by the applicant's licensed physician.

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 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 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
The NVC might require other supporting documents depending on the case, so you must follow their instructions carefully.

EB1 visa interview in person

If there are no further criteria, the NVC will assess your application and accompanying papers and schedule an interview at the US Embassy from which you are applying. I'd appreciate it if you could attend the interview and give as detailed an explanation of your background and other information as you can. The decision about whether or not to grant you an EB1 visa will ultimately be made by the interviewer.

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 be best if you did not open this package under any circumstances. Instead, 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 can open it and decide whether you should be allowed to enter the country.

What are the EB1 visa fees?

You are responsible for paying several costs when you apply for an EB1 visa. The USCIS and the US Embassy in the nation you are applying from determine the various amounts. You will typically be required 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 a foreign language to English

How long does it take to process an EB1 visa?

An EB1 visa may take several months to many years to process. The processing period for EB1 visas can be somewhat lengthy because there is a cap on employment-based visas. When you apply and if you are the next person in line for USCIS and NVC will decide this.

Do I Get Access to American Healthcare With an EB1 Visa?

Yes, you will have access to healthcare in the United States as an EB1 visa holder. However, the costs of getting medical treatment in the US are among the highest in the world.

Treating a broken leg or arm will cost you $2,500, while staying at a US hospital may cost over $10,000, on average. So you should pick a health insurance plan that fits you best, is affordable, and covers your needs.

How may I obtain the status of Lawful Permanent Resident (LPR)?

After receiving an EB1 visa, obtaining a Green Card is the next stage. Again, it would be best if you had both an official petition from USCIS and an immigrant visa, as well as to be a resident of the US to convert your status from an immigrant to a lawful permanent resident.

The next step is to submit Form I-485 to USCIS, Application to Register Permanent Residence or Adjust Status. If this application is accepted, it will be processed, and you will receive your Green Card in the mail a few weeks later.

Other Types of Employment Preference Visas

The employment visas have the following types:

EB1 Visa or First Priority Workers Visa is for outstanding professors, researchers, people with extraordinary abilities in arts, science, business, athletics, or education, as well as executive managers who have worked at a foreign branch of a US company for the past 3 years
EB-2 Visa or Second Priority Workers Visa is for professionals with advanced degrees and people with extraordinary abilities in arts, sciences, or business.
EB-3 Visa or Third Priority Workers Visa is for skilled workers with more than 2 years of experience, professionals with a higher education degree, or unskilled workers with less than 2 years of experience (EW-3 Visa).
EB-4 Visa or Fourth Priority Workers Visa is for various religious, government, or international organizations workers
EB-5 Visa or Fifth Priority Workers Visa is for investors in the US who will invest between $500K to $1 million in the US economy

Gather the required documentation

When applying for an EB1 Visa for a US Employment Green Card, it is important to gather all the necessary documents to support your application. The exact documents required will vary based on your individual situation, but typically the following items will be required:

• Proof of your academic credentials and any awards or honors that you have received

• Letters of recommendation from employers, colleagues, or other organizations that can testify to your professional achievements

• Evidence of at least ten years of experience in your field

• A detailed resume outlining your work experience and accomplishments

• Copies of any publications, patents, or copyright registrations you have obtained

• Documentation of any job offers you have received in the US

• Proof of financial support if you will be living in the US while you work

It is important to remember that the EB1 Visa application process is lengthy and complex and requires detailed and accurate documentation to ensure the best possible chance of success. Could you make sure to organize all the necessary documents carefully and accurately so your application can be approved?

As If it is not Enough >>>

You can get more guides on this list of official links below for easy understanding during and after the Application for easy approval.

Conclusion

The EB1 Visa is an incredible opportunity for highly qualified immigrants to gain a US Employment Green Card. If you have the required skills and qualifications, you should seriously consider applying for this visa. The application process can be long and complex, but it is worth the effort and time to pursue your dream of working in the United States. With the help of the right resources, the process can be smoother and more manageable. Good luck on your journey to the US!