1. What is the eligibility criteria for an EB-1B Visa?

In order to qualify for an EB-1B visa, the applicant must meet the following criteria:

1. Possess an exceptional ability that is recognized in their field of expertise
2. Must have a demonstrated record of success in the field
3. Have at least three years of experience in their field of expertise
4. Have obtained international recognition for their accomplishments
5. Be coming to the United States to continue working in their field of expertise

2. How long does it take to obtain an EB-1B Visa?

It typically takes several months to obtain an EB-1B visa. The visa application process can take 2–8 months, depending on the complexity of the case, the workload of the USCIS office and other factors.

3. Are there any restrictions on the type of research that can be conducted?

Yes, the type of research conducted may be subject to restrictions depending on the institution or funding source. In addition, research projects must respect ethical guidelines, such as protecting the privacy of subjects and minimizing any potential harm to participants.

4. What documents are required for the EB-1B Visa application?

The documents required for the EB-1B visa application include a copy of your doctoral degree, a copy of your resume or CV, a copy of the job offer from your prospective employer, and evidence of your past accomplishments in the field. The prospective employer must also submit a petition to the USCIS on behalf of the applicant. Additionally, the applicant may need to provide evidence that their exceptional ability in their field is recognized by a professional group or organization or that they have received honors or awards for their achievements.

5. What is the processing time for EB-1B Visa applications?

The processing time for EB-1B Visa applications depends on the individual application and can vary greatly. Processing times can range from two months to several years, or even longer, depending on the complexity of the case and backlogs in the USCIS processing centers.

6. Is there a limit to the number of people who can be included in an EB-1B Visa application?

No, there is not a limit to the number of people who can be included in an EB-1B Visa application. However, the USCIS requires that each beneficiary of an EB-1B Visa application must meet all eligibility requirements for the category, provide evidence of their exceptional ability, and indicate that they will be employed in a position that will utilize their exceptional abilities.

7. Are there any special requirements for international students seeking an EB-1B Visa?

Yes, there are two special requirements for international students seeking an EB-1B Visa.

1. The foreign national must be an alien of extraordinary ability in the sciences, arts, education, business, or athletics and must demonstrate sustained national or international acclaim.

2. The foreign national must have at least three years of experience in the field of expertise and must demonstrate the potential to make a significant contribution to their field.

8. Is there a minimum salary requirement for obtaining an EB-1B Visa?

No, there is no minimum salary requirement for obtaining an EB-1B Visa. However, in order to qualify for the visa, the applicant must demonstrate that they possess exceptional ability in their field, or have achieved international recognition in their field. Additionally, the applicant must possess a job offer from a U.S. employer that requires their exceptional ability.

9. Are there any special visas available for dependents of the visa holder?

Yes, most visa categories do offer dependents visas for spouses and minor children of the visa holder. Dependent visas usually have different requirements and fees than the primary visa applicant. For more information, we recommend visiting the website of the country’s embassy or consulate in your home country.

10. Is it possible to extend an EB-1B Visa after it has expired?

Yes, it is possible to extend an EB-1B visa after it has expired. The petitioning employer must submit a new I-140 form, which includes evidence of the visa holder’s sustained extraordinary ability and accomplishments. The visa holder must also go through the regular application process for an extension of stay.

11. Can an employer petition for an EB-1B Visa on behalf of an employee?

Yes, an employer can petition for an EB-1B visa on behalf of an employee. The process is very similar to that of the other employment-based visas, and requires the submission of a Labor Certification Application (LCA) to the U.S. Department of Labor before submitting the Form I-140 Petition for Alien Worker to the USCIS.

12. Does the EB-1B Visa require a job offer from a U.S. employer?

Yes, the EB-1B Visa requires a job offer from a U.S. employer. This job offer must be in a managerial or executive capacity.

13. Are there any other categories of visa that could be used instead of an EB-1B Visa?

Yes, other categories of visas that could be used instead of an EB-1B visa include: EB-1A Visa (Extraordinary Ability), EB-2 Visa (Advanced Degree or Exceptional Ability), EB-3 Visa (Skilled or Professional Worker), and the EB-5 Visa (Investor/Employment Creation).

14. What evidence is necessary to demonstrate that a person is an Outstanding Researcher or Professor?

Evidence that is necessary to demonstrate that a person is an Outstanding Researcher or Professor may include awards or recognition for research excellence, consistent publication in high-impact journals, successful grant applications and funding, leadership in professional associations, teaching commendations, and invited presentations at major conferences.

15. Is it necessary to have a PhD or other advanced degree in order to qualify for an EB-1B Visa?

No, it is not necessary to have a PhD or other advanced degree in order to qualify for an EB-1B Visa. However, advanced degrees can help in demonstrating that the applicant is internationally recognized as having a major impact in the field. The criteria for an EB-1B Visa include sustained national or international acclaim, a documented record of extraordinary achievement, and recognition as a prominent leader or authority in the field.

16. Can someone apply for an EB-1B Visa if they are currently in the United States on another visa type?

Yes, it is possible for someone to apply for an EB-1B visa while they are in the US on another type of visa. However, it is important to remember that the process for obtaining an EB-1B visa is complicated and may require additional paperwork and processing time. Therefore, it is advisable to consult an experienced immigration attorney who can help you navigate the process.

17. Are there any restrictions on the locations where research can be conducted with the EB-1B Visa?

Yes, research conducted with an EB-1B Visa must be at a university, institution of higher education, private employer or governmental research organization in the United States.

18. Are there any restrictions on travel outside of the United States while on the EB-1B Visa?

Yes, there are restrictions on travel outside of the United States while on an EB-1B Visa. To travel outside of the United States, the applicant must obtain an Advance Parole Document from the United States Citizenship and Immigration Services (USCIS). If the applicant does not obtain an Advance Parole Document, then they may be denied re-entry into the United States. To learn more about advance parole documents, please visit the USCIS website.

19. Are there any filing fees associated with the application for an EB-1B Visa?

Yes, there are filing fees associated with the application for an EB-1B Visa. The filing fee for the Form I-140, Immigrant Petition for Alien Worker, is currently $700. Additionally, there may be other fees associated with applying for an EB-1B Visa, such as a fee for biometric services or a fraud prevention and detection fee.

20. Is it possible to apply for permanent residence under the EB-1B category?

Yes, it is possible to apply for permanent residence under the EB-1B category. This category is for individuals who have achieved international recognition in their field and can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics.