EB-1 Visa: Requirements, Petitions, and Process
by Admin
Posted on 12-09-2023 02:25 PM
An individual or employer must file a form i-140 (petition for alien worker) with the uscis regional service center that has jurisdiction over the place where the individual will work. The petition packet must include the required documentary evidence and should follow the specific filing guidelines of the service center. No labor certification is needed for eb-1 petitions. Once the i-140 immigrant visa petition is approved, the alien and his/her spouse and children under 21 years of age may apply for their immigrant visas either through adjustment of status in the united states or through consular processing at a u.
There are many advantages of the employment-based category eb1-a. First of all, a specific job offer is not required for a foreign person in this group, as long as the foreign person is entering the united states to continue work in the field in which he or she has extraordinary ability, therefore self-petition is allowed. Please note, the fact that self-petition is allowed does not mean you should choose a diy petition. Petition for an immigration visa is a complicated process and you may want an immigration attorney to handle all the complicated legal and regulation issues. North america immigration law group has filed countless successful eb1-a petitions for our clients.
A worker with extraordinary ability in the sciences, arts, education, business, or athletics, may qualify for a green card as a priority worker. The person's achievements must have been publicly recognized, and resulted in a period of sustained national or international acclaim; leading to this category having been nicknamed the "einstein visa. " the application process often involves showing that the foreign national is a widely acknowledged leader in the particular artistic, educational, business, or athletic field. No job offer is needed in this subcategory so long as the foreign national will continue working in the field of expertise after arriving in the united states.
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Employment-Based Immigration: First Preference EB-1
The eb-1c visa, categorized under the employment-based first preference immigration program, is designed to provide a pathway to u. S.
Lawful permanent residency for accomplished multinational executives and managers. Recognizing the importance of facilitating the transfer of key personnel within multinational organizations, the eb-1c visa offers a streamlined process for those who have demonstrated their proficiency in leadership roles abroad and seek to continue their impactful contributions within the united states. This visa category underscores the significance of executive and managerial expertise in fostering international business operations, while also promoting the growth of the u. S.
Economy through the transfer of valuable skills and experience.
An eb-1 visa is an employment-based, first preference visa. The u. S. Citizenship and immigration services (uscis) has five levels of visa preferences specifically for employment-based immigration ranging from eb-1 to eb-5. This is the type of visa you can apply for when you receive a job offer from a u. S. Company and you plan to permanently live in the country. People who qualify for these visas are priority workers who have special talents, researchers, and certain businessmen or businesswomen. This visa is the easiest path towards receiving a green card because of the eb-1 requirements. Depending on certain factors, eb-1 visa holders usually have the shortest wait-time of all other green card applicants.
The eb-1 extraordinary ability visa is a first preference employment based immigrant visa that grants lawful permanent residence to qualified candidates. Xu law groups has successfully helped international talents obtain the eb-1 visa. Contact us for an eb-1 extraordinary ability visa consultation today. Discover everything you need to know about eb1 processing time, steps involved, and how to speed up the process. Stay informed and plan your immigration journey efficiently. Talk to a eb1a lawyer.
Eb1-a is a subcategory of employment-based green card 1st preference. Aria immigration law group specializes in eb-1a (alien of extraordinary ability) petitions. This immigrant visa preference is for foreign nationals with extraordinary ability and skill in sciences, arts, education, business, or athletics. Pursuant to federal immigration law, unlike eb-1b and eb-1c, the petitioner is not required to have an employer, but they must be entering to continue to work in their chosen field, and they must substantially benefit prospectively in the u. S. In addition, the petitioner must show that the foreign person sustained national or international acclaim with recognized achievements.
The eb-1 visa is a specific category of green card obtained through employment immigration. A green card (permanent resident card) is a document that shows that a foreign citizen is allowed to reside in the u. S. Indefinitely. The main difference between the eb1 visa and us green card is in the eligibility for these visas. The eb-1 visa is only for persons with extraordinary ability, outstanding professors and researchers, and multinational managers and executives. Green card eligibility depends on the immigration category applied for. Green card eligibility includes immediate family members of us citizens or permanent residents, special immigrants, refugees or asylees, and victims of abuse, trafficking, and crime.
The application depends on the specific category one falls under. The immigrants with extraordinary ability, are free to self-petition. Such immigrants can fill out form i-140 and apply. For the researchers or impeccable professors, your employer should file form i-140 for you. The same case goes for the multinational manager or executive. In the application process, the u. S. Employer has to prove that they can pay the same wage you received. They can verify this by showing their federal income tax return, annual report, or audited financial statements. This type of visa is faster than other green cards since no labor certification is required.
At a glance: eb1 visas, also known as employment-based extraordinary ability green cards, are permanent residency visas for immigrants with extraordinary abilities in fields like arts, sciences, and business. To qualify, applicants must provide evidence of sustained national or international acclaim. Eb1 visas offer benefits such as exemption from the perm process and shorter waiting times. The visa has three categories: extraordinary ability, outstanding professor or researcher, and multinational executive or manager. Fees for eb1 visa applications include a filing fee and, if applicable, a biometrics fee. Processing times typically range from 8 months to 15 calendar days with premium processing.