U.S. Immigrant Visa for Priority Workers (EB-1)

1. What is an EB-1 Priority Worker visa?


An EB-1 Priority Worker visa is a U.S. immigrant visa that allows a foreign national to permanently live and work in the United States. This visa is reserved for individuals who demonstrate exceptional ability in their field, outstanding achievements, or are a priority worker, such as an international executive or manager of a multinational company.

2. What are the eligibility requirements for an EB-1 Priority Worker visa?


The eligibility requirements for an EB-1 Priority Worker visa are as follows:

1. Exceptional ability in the sciences, arts, or business;

2. Outstanding professors and researchers;

3. Multinational executive or manager.

To meet the requirements for an EB-1 visa, you must demonstrate that you have extraordinary ability in your field and that your work is recognized internationally, you must also have a job offer from a U.S. employer or be sponsored by an international organization. Additionally, you must also have an approved labor certification from the Department of Labor and a Form I-140 Petition for Alien Worker filed with USCIS.

3. How long is an EB-1 Priority Worker visa valid for?


The EB-1 Priority Worker visa is valid for an initial period of three years. It can then be renewed indefinitely in three-year increments.

4. How can I apply for an EB-1 Priority Worker visa?


To apply for an EB-1 Priority Worker visa, you must first complete Form I-140, Immigrant Petition for Alien Worker. You must submit supporting documents such as your resume or curriculum vitae, evidence of your employer’s support for the petition, copies of credentials or awards that demonstrate your extraordinary ability, and evidence of any past achievements that support your petition. You may also be asked to provide evidence of your experience in the field in which you are seeking a visa. Once the petition is approved by USCIS, you can apply for the visa at a U.S. Embassy or Consulate.

5. What documentation do I need to provide when applying for an EB-1 Priority Worker visa?


When applying for an EB-1 Priority Worker visa, you must provide documentation to demonstrate that you meet the eligibility criteria for this type of visa. Specifically, you must submit evidence that you have at least three years of experience in an occupation which requires exceptional ability, sustained national or international acclaim, or extraordinary achievement. You must also provide evidence of any awards or honors you have received and any professional memberships or publications. Additionally, you must provide proof of a job offer in the United States and a Labor Certification from the Department of Labor.

6. What steps are involved in the EB-1 Priority Worker visa process?


The EB-1 Priority Worker visa process includes the following steps:

1. Filing the appropriate EB-1 petition form with USCIS.

2. Gathering evidence to prove eligibility, including employer documents, proof of academic credentials, and evidence of extraordinary ability.

3. Preparing and submitting the required supporting documentation, such as pay stubs, tax returns, marriage certificates, etc.

4. Attending any required interviews with USCIS personnel.

5. Awaiting USCIS decision on the visa application.

6. If approved, attending a visa interview with a U.S. Embassy or consulate (if required).

7. Receiving the visa in the mail and entering the United States with it.

7. How much does an EB-1 Priority Worker visa cost?


The EB-1 Priority Worker visa, also known as the Employment-Based, First Preference visa, costs $345 for the I-140 application fee and $550 for the I-485 application fee. The total cost is $895.

8. Can I extend or renew my EB-1 Priority Worker visa?


Yes, you can extend or renew your EB-1 Priority Worker visa. To do so, you must file a Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). You may also need to submit additional supporting documentation.

9. Can my family members accompany me on my EB-1 Priority Worker visa?


Yes, your family members can accompany you on the EB-1 Priority Worker visa. Through the I-140 petition, you may request the U.S. Citizenship and Immigration Services (USCIS) to grant derivative immigration benefits to your qualified family members. These derivative benefits may include an Employment Authorization Document (EAD), if applicable, and a green card for permanent residence.

10. What are the benefits of having an EB-1 Priority Worker visa?


Benefits of having an EB-1 Priority Worker visa include the following:

• No labor certification required
• No need to obtain a job offer from a U.S. employer before applying
• Opportunity to have priority processing for a green card application
• Ability to apply for green card for the entire family (spouse and any unmarried children under 21 years of age)
• No limit on the number of visas issued each year

11. Can I change my status to permanent residence with an EB-1 Priority Worker visa?


Yes, you can. An EB-1 Priority Worker visa is a type of employment-based visa that allows you to apply for permanent residence (green card) after all the necessary documents have been submitted and approved.

12. What is the filing fee for an EB-1 Priority Worker visa?


The filing fee for an EB-1 Priority Worker visa is $1,225.

13. Are there any restrictions on travel while on an EB-1 Priority Worker visa?


Yes, there are restrictions on travel while on an EB-1 Priority Worker visa. For example, a foreign national on an EB-1 visa may not stay outside of the United States for more than six months without obtaining prior authorization from the USCIS. Additionally, foreign nationals in the United States on an EB-1 visa must remain in lawful status and are subject to any applicable restrictions or limitations imposed by the USCIS.

14. How long does it take to process an EB-1 Priority Worker visa application?


It can take anywhere from 2 to 6 months for an EB-1 Priority Worker visa application to be processed. The amount of time it will take will depend on the complexity of the case and the current processing times.

15. How many total visas are available in the EB-1 Priority Worker category each year?


The EB-1 Priority Worker category has 40,040 total visas available each year.

16. Are there any educational or language requirements necessary to qualify for an EB-1 Priority Worker visa?


Yes, there are educational and language requirements for the EB-1 Priority Worker visa. Applicants must have a bachelor’s degree or higher, or possess exceptional ability in the sciences, arts, or business. In addition, applicants must demonstrate an understanding of English in order to be eligible for the visa.

17. Is there a minimum salary requirement for an EB-1 Priority Worker visa application?


Yes, the minimum salary requirement for an EB-1 Priority Worker visa application is at least $140,000 per year.

18. Is it possible to convert a nonimmigrant work visa into an EB-1 Priority Worker visa?


Yes, it is possible to convert a nonimmigrant work visa into an EB-1 Priority Worker visa. Depending on the exact circumstances, you may be able to “self-petition” for the EB-1 without an employer sponsor. You may also be able to convert your current nonimmigrant visa to the EB-1 through an employer sponsorship. Before applying for the EB-1, you should consult with an experienced immigration attorney to determine if you qualify and what the best approach would be for achieving your goal.

19. What is the difference between an immigrant and nonimmigrant worker visa?


An immigrant worker visa is a type of visa that allows the recipient to live and work in the country permanently. A nonimmigrant worker visa, on the other hand, is a type of visa that allows the recipient to work in the country temporarily for a specific period of time. They are also known as work visas. Nonimmigrant worker visas are typically issued for specific jobs and have a limited duration.

20. What is a national interest waiver and how does it relate to the EB-1 Priority Worker visa category?


A National Interest Waiver (NIW) is a special type of waiver available to aliens seeking an EB-1 Priority Worker visa category. This waiver essentially eliminates the need to obtain a job offer from a U.S. employer or for the alien to demonstrate that an immigrant visa is in the “national interest” of the United States. To be eligible for a NIW, the alien must be able to demonstrate to the Department of Homeland Security that he/she has “exceptional ability” in their profession or field of endeavor and that they plan to pursue an activity in the United States that will substantially benefit the U.S. economy, cultural or educational interests, or welfare of the country.