1. What is an Eb1 Immigrant visa?

An EB1 immigrant visa is an employment-based first preference visa category for highly skilled foreign workers who have extraordinary ability, are outstanding professors or researchers, or are multinational executives or managers. This visa allows individuals in these categories to obtain permanent residency in the United States, bypassing the traditional labor certification process.

2. Who is eligible for an Eb1 Immigrant visa?
There are three main categories of individuals who may be eligible for an EB1 immigrant visa:

– Individuals with extraordinary ability in the sciences, arts, education, business, or athletics
– Outstanding professors and researchers
– Multinational executives and managers

Each category has specific eligibility requirements that must be met. For example, individuals with extraordinary ability must provide evidence of sustained national or international acclaim and recognition in their field. Outstanding professors and researchers must have at least three years of experience in teaching or research and show international recognition for their achievements. Multinational executives and managers must have been employed by a qualifying company abroad for at least one year within the past three years and will be coming to work at a related entity in the US.

3. How do you qualify as having “extraordinary ability” for an Eb1 Immigrant visa?
To qualify as having extraordinary ability under the EB1 category, you must provide evidence of a high level of achievement and sustained recognition in your field. This can include things like receiving major awards or prizes, membership in professional associations requiring outstanding achievement, published material about your work appearing in professional publications, participation as a judge of the work of others, original scientific or scholarly contributions, authorship of scholarly articles or books, or performing critical roles for esteemed organizations.

4. How long does it take to get an Eb1 Immigrant visa?
The processing time for an EB1 immigrant visa can vary depending on individual circumstances and USCIS workload. Generally speaking, it can take anywhere from 8 months to over a year to receive an EB1 visa. This includes the time it takes to gather materials and evidence for the application, submit the application, and attend an interview at a US consulate or embassy if required.

5. What is the difference between an Eb1 Immigrant visa and an H-1B visa?
An EB1 immigrant visa is a permanent residency visa, while an H-1B visa is a non-immigrant work visa. The main difference is that individuals with EB1 visas can live and work in the US permanently without needing to renew their status, while H-1B visa holders must renew their status every few years. Additionally, the requirements for obtaining an EB1 visa are higher than those for an H-1B.

6. Can I apply for an Eb1 Immigrant visa on my own or do I need an employer?
You can apply for an EB1 immigrant visa on your own as long as you meet the eligibility requirements and have sufficient evidence to support your application. However, many individuals in this category are sponsored by their employers, as they may be the ones who can demonstrate their extraordinary ability or qualification as a professor/ researcher or executive/manager.

7. Can my family come with me on my Eb1 Immigrant visa?
Yes, your spouse and unmarried children under 21 years old may also be eligible to come to live with you in the US on a derivative immigrant visa after you obtain your EB1 immigrant visa.

8. Is there a yearly limit on how many Eb1 Immigrant visas are issued?
There is no specific annual limit on how many EB-1 visas can be issued. However, because green card categories overall are subject to numerical limitations per year, there may be some waiting period depending upon availability of quota numbers allocated per country of origin of applicant.

9. Can I change jobs after getting an Eb1 Immigrant Visa?
As long as you continue to fulfill the eligibility criteria under the EB1 category, such as maintaining your extraordinary ability or continuing to work as an outstanding professor or researcher or multinational executive/manager, you may be able to change jobs after obtaining your EB1 immigrant visa. However, it is always advisable to consult with an immigration attorney before making any major changes.

10. Can I travel outside of the US with an Eb1 Immigrant Visa?
Yes, as a permanent resident, you can travel outside of the US with your EB1 immigrant visa. However, you should always take necessary precautions and make sure you have all required documents before traveling outside the country. It is also important to maintain residence in the US in order to keep your permanent resident status.

2. What is the process for obtaining an Eb1 Visa?

To obtain an EB-1 visa, also known as the “First Preference” or “Priority Workers” visa, you must go through the following process:

1. Determine if you are eligible for an EB-1 visa: The EB-1 category is reserved for individuals with extraordinary abilities in their field, outstanding professors and researchers, or executives/managers of multinational companies.

2. Get a job offer from a U.S. employer: You must have a job offer from a U.S. employer to apply for an EB-1 visa. This employer will act as your sponsor throughout the application process.

3. File Form I-140, Immigrant Petition for Alien Worker: Your employer will file Form I-140 on your behalf with the United States Citizenship and Immigration Services (USCIS). This form serves as proof that you meet the eligibility requirements for an EB-1 visa.

4. Submit supporting documents: Along with Form I-140, you will need to submit evidence of your extraordinary ability, outstanding achievements in your field, or qualifications as an executive/manager.

5. Pay filing fees: There are filing fees associated with Form I-140 and any other forms needed for your specific circumstances.

6. Wait for USCIS to approve your petition: Once USCIS approves your petition, you will receive a notification letter confirming this decision.

7. File Form DS-260, Immigrant Visa Electronic Application: If you are outside of the U.S., you will need to file this form with the Department of State’s National Visa Center (NVC).

8. Attend an interview at a U.S. consulate or embassy (if applicable): If you are currently outside of the U.S., you will need to attend an interview at a U.S. consulate or embassy in order to receive your visa stamp.

9. Enter the U.S.: Once your visa is approved and stamped in your passport, you can travel to the U.S. and present your visa at a port of entry.

10. Receive your green card: Upon arrival in the U.S., you will officially become a permanent resident and will receive your green card in the mail within a few weeks.

It is important to note that the specific procedures may vary slightly depending on your individual circumstances, so it is recommended to consult with an immigration attorney for personalized guidance throughout the EB-1 visa process.

3. Who is eligible for an Eb1 Immigrant visa?

There are different eligibility criteria for the three categories of EB-1 visas:

1. EB-1A – Extraordinary Ability:
– The applicant must have extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim.
– The applicant must be seeking to enter the US to continue work in the area of extraordinary ability.
– The applicant must provide extensive documentation proving their achievements and recognition in their field.

2. EB-1B – Outstanding Professors and Researchers:
– The applicant must be recognized internationally as outstanding in a specific academic field.
– The applicant must have at least 3 years experience in teaching or research in that academic field.
– The applicant must be offered a tenured or tenure-track position by a US university or institution of higher education.

3. EB-1C – Multinational Executives and Managers:
– The applicant must have been employed as an executive or manager for at least one continuous year within the past three years by a firm or corporation outside the US.
– The employer must seek to transfer the employee to an executive or managerial position within the same company, affiliate, or subsidiary in the US.

4. How long does it take to get an Eb1 Visa approved?

The processing time for an Eb1 Visa varies depending on the USCIS workload and the individual’s case. On average, the Eb1 Visa can take anywhere from six months to one year to be approved. However, premium processing is available for an additional fee which guarantees a decision within 15 calendar days.

5. Can a spouse and children be included in the Eb1 petition?

Yes, a spouse and unmarried children under the age of 21 can be included in the Eb1 petition as dependents. They may be eligible to receive derivative status, allowing them to live and work in the United States under the same status as the primary Eb1 beneficiary. However, they must still meet eligibility requirements and go through the application process.

6. Is there a limit on the number of Eb1 visas issued each year?

Yes, each year there is a limit on the number of EB-1 visas that can be issued. The total number of EB-1 visas available each year is 40,040 for the entire world. This includes all three categories: EB-1A, EB-1B, and EB-1C. However, this number may be adjusted each year based on demand and availability. Additionally, certain countries may have per-country limits on the number of EB-1 visas that can be issued.

7. What are the advantages of having an Eb1 visa?

1. No Labor Certification Requirement: One of the biggest advantages of an EB1 visa is that it does not require a labor certification, unlike other employment-based visas. This means that the petitioner does not have to go through the lengthy and often complicated process of obtaining a labor certification from the Department of Labor.

2. Faster Processing: EB1 visas are typically processed faster than other employment-based visas, which can take several years to obtain. In some cases, premium processing is also available for an additional fee, which guarantees a decision within 15 calendar days.

3. Priority Date Not Required: Unlike other employment-based visas where applicants must wait for their priority date to become current before they can apply for a green card, EB1 visa holders can apply for permanent residency immediately after receiving their visa approval.

4. No Job Offer Required: Unlike most other employment-based visas, an EB1 visa does not require a job offer from a U.S. employer. This means that individuals with exceptional abilities or qualifications can self-petition for this visa.

5. Multinational Manager/Executive Exemption: The EB1-C category is reserved for multinational managers and executives who are transferring from a foreign company to its U.S. affiliate or subsidiary. These individuals may be exempt from the labor certification requirement as well as the requirement of having worked abroad in an executive or managerial capacity for at least one year.

6. Permanent Residency Opportunity: The EB1 visa is a pathway to obtaining permanent residency in the United States without going through the lengthy process of labor certification and waiting for your priority date to become current.

7. Premium Processing Option: As mentioned earlier, premium processing is available for an additional fee for certain types of EB-1 visas, allowing applicants to receive a decision within 15 calendar days instead of several months or even years.

8. Can I apply for permanent residency with an Eb1 visa?

Yes, it is possible to apply for permanent residency with an EB1 visa. The EB1 visa, also known as the Employment-Based First Preference visa, is an immigrant visa reserved for individuals who possess extraordinary abilities in their field, are outstanding professors or researchers, or are multinational managers or executives.

If you hold an EB1 visa and meet the eligibility requirements for permanent residency, you can apply for a green card through the Adjustment of Status process if you are already in the United States, or through Consular Processing if you are outside of the United States. You will need to file Form I-485 (Adjustment of Status) or DS-260 (Consular Processing), along with supporting documents and evidence to prove your eligibility for permanent residency.

It is important to note that obtaining an EB1 visa does not guarantee approval for permanent residency. USCIS will still evaluate your application based on the eligibility criteria and may require additional evidence to support your case. It is recommended to consult with an immigration attorney to ensure a strong and complete application.

9. How much does it cost to apply for an Eb1 visa?

The fee for filing an EB-1 visa application varies depending on the specific category and whether the applicant is filing as a family member or an employer. The fees include the following:

1. Form I-140 (Petition for Alien Worker) – $700
2. Premium processing fee (optional) – $1,225
3. Form DS-260 (Immigrant Visa Application) – $325
4. Immigrant visa processing fee – $405
5. Medical examination fee
6. Attorney fees and other related costs may also apply.

10. Do I need to have a job offer in order to apply for an Eb1 visa?

No, you do not need to have a job offer in order to apply for an Eb1 visa. The Eb1 visa is available for individuals who have extraordinary ability, are outstanding professors or researchers, or are multinational executives or managers. This means that you can apply based on your own qualifications and achievements without needing a job offer from a U.S. employer. However, having a job offer may strengthen your application and improve your chances of approval.

11. Does having a master’s or PhD degree increase my chances of getting an Eb1 visa approved?

Having a master’s or PhD degree can potentially strengthen your case for an EB-1 visa, as it showcases your advanced level of education and expertise in your field. However, having advanced degrees is not a guarantee of approval for an EB-1 visa. The final decision will depend on the overall strength of your application and evidence supporting your extraordinary ability in your field. Additionally, meeting the criteria for one of the EB-1 categories (EB-1A for individuals with extraordinary ability, EB-1B for outstanding professors and researchers, and EB-1C for multinational executives and managers) is ultimately more important than just having a master’s or PhD degree.

12. Can I apply for more than one category within the Eb1 eligibility criteria?

Yes, it is possible to apply for more than one category within the Eb1 eligibility criteria. However, each application must meet the specific requirements and evidence for that particular category. It is important to carefully review the requirements and consult with an immigration attorney before submitting multiple applications under different categories.

13. Does being internationally recognized in my field guarantee approval for an Eb1 visa?

No, being internationally recognized in your field does not guarantee approval for an Eb1 visa. While having such recognition can strengthen your case and increase your chances of approval, it is not the only requirement for obtaining an Eb1 visa. Additionally, the level of recognition required varies between different subcategories of the Eb1 visa (e.g. outstanding researcher vs. extraordinary ability), so it is important to meet all of the specific criteria for the category you are applying under.

14. Are there any restrictions on the type of work allowed with an Eb1 visa?

There are no specific restrictions on the type of work allowed with an EB1 visa. However, the visa is primarily intended for individuals who have demonstrated extraordinary abilities in the arts, sciences, education, business, or athletics, or who are recognized as outstanding professors or researchers. Therefore, the work that the visa holder engages in should be within their field of expertise and align with the criteria under which they were awarded the visa.

15. Will having multiple degrees or awards improve my chances of getting approved for an Eb1 visa?

Having multiple degrees or awards can strengthen your case for an Eb1 visa by demonstrating your exceptional ability, outstanding achievements, or international recognition. However, having multiple degrees or awards does not guarantee approval for an Eb1 visa. The decision will ultimately depend on the overall strength and merit of your case and how well you meet the eligibility criteria for the specific subcategory of Eb1 that you are applying under. It is important to have a strong and impressive portfolio of evidence to support your qualifications and achievements in order to improve your chances of getting approved for an Eb1 visa.

16. Can I change employers while on an eb-1 immigrant visa?

No, you cannot change employers while on an EB-1 Immigrant Visa. The EB-1 Visa is specifically tied to your sponsoring employer and the job for which you were granted the visa. If you wish to change employers, you would need to go through the process of obtaining a new visa or work authorization from your new employer. This may require going through the entire petition process again and obtaining a new visa at a U.S. embassy or consulate abroad. Alternatively, if your current or previous employer has a branch or affiliate in the United States, they may be able to transfer your employment through an intra-company transfer visa such as the L-1 visa. It is important to consult with an experienced immigration attorney before changing employers while on an immigrant visa.

17. What happens if my employer terminates me while I am on eb- 1 immigrant status ?

If your employer terminates you while you are in EB-1 immigrant status, it could potentially affect your immigration status and ability to remain in the United States. This is because the EB-1 visa is tied to your specific employer and job offer. If your employment is terminated, you may no longer meet the eligibility requirements for the EB-1 visa.

In such a situation, it would be important to consult with an immigration attorney as soon as possible. They can advise you on your options and help determine if there are any alternative paths for you to maintain your immigrant status or find new employment that would allow you to continue on the path towards obtaining a green card through the EB-1 category.

If there are no alternate solutions available, your visa may need to be cancelled and you may need to leave the US. However, if you have already applied for adjustment of status (AOS), this can provide some protection as it allows you to remain in the US while waiting for a decision on your green card application.

It is also important to note that if your employer has terminated you due to layoff or financial reasons, they may need to withdraw their sponsorship for your green card application. In such cases, it might be possible for another employer (potentially within the same company) to take over as sponsor of your green card application.

18: Can I bring my family and dependents with me on the eb- 1 immigrant visa?

Yes, you can bring your spouse and unmarried children under the age of 21 with you on an EB-1 immigrant visa. They will be considered your dependents and can apply for derivative status based on your EB-1 visa. They will also be eligible to apply for work authorization in the US while accompanying you.

19: Are there any specific requirements for individuals applying under the “outstanding professor or researcher” category of the eb- 1 Immigrant Visa?

1. Proven track record of international recognition in the field:
Applicants must demonstrate exceptional achievements and contributions in their field, with evidence of outstanding achievements such as receiving major awards, prizes, or international recognition for their work.

2. At least three years of experience:
Applicants must have at least three years of experience in teaching or research in their field. This experience can be gained either in academia or industry.

3. Full-time employment offer from a US employer:
Applicants must have a job offer for a permanent research, teaching, or comparable position from an employer in the United States.

4. Qualifications that meet job requirements:
The applicant must possess the necessary qualifications for the job offered, which typically includes an advanced degree (such as a Ph.D.) or equivalent documented accomplishments.

5. Advisory opinion:
An advisory opinion from a peer group or expert in the field is required to confirm that the applicant is recognized as an outstanding professor or researcher.

6. Evidence of tenure or comparable position:
The applicant must provide evidence of holding a permanent tenure or comparable position at an academic institution, research organization, or other comparable institutions.

7. Evidence of published work:
Applicants are required to submit published material documenting their original scientific or scholarly contributions to the field.

8. International standing and impact:
The applicant must demonstrate international standing and impact in their field through publications or citations from other experts in the area.

9 Outstanding contributions to their field:
Evidence should be provided that demonstrates how the applicant’s work has significantly impacted their field, including leading groundbreaking research projects, serving on prestigious committees, and speaking engagements at prominent conferences.

10 Documentation of salary offered:
The immigrant visa application should include documentation showing that the offered salary is competitive with similar positions at similar organizations within the geographic region where the beneficiary will be employed.

20: How can I renew or extend my EB- 1 immigrant status?

There is no formal process to renew or extend EB-1 immigrant status as this visa category leads to permanent residency (green card) in the United States. Once you are granted EB-1 status, it remains valid indefinitely and does not need to be renewed or extended.

However, if your green card is expiring within the next 6 months, you will need to file an application for a renewal card (Form I-90) with the U.S. Citizenship and Immigration Services (USCIS). This application should be submitted at least 6 months before your green card expires.

If your EB-1 visa has expired, you may need to start the process of renewing or extending your non-immigrant status if you are currently residing in the U.S. For this, you will need to consult with an immigration attorney or contact USCIS directly for guidance on how to proceed.

Additionally, if you have received conditional permanent resident status through the EB-1 program, you may need to apply for removal of conditions on permanent residence using Form I-751 within 90 days before the expiration of your two-year conditional period.

It is important to keep track of the expiration dates of all immigration documents and take proactive steps to maintain legal status in order to avoid any potential issues or complications.