Apply for an EB1 Visa for a US Employment Green Card: The Easy Steps

By ochanya On Jan 18, 2023

The EB1 Visa, also known as the Employment-Based First Preference Visa, is a highly sought-after option for foreign national talents seeking to live and work in the United States permanently. This type of visa is reserved for individuals who possess exceptional abilities in their field of expertise, as well as outstanding professors and researchers.

To be eligible for the EB1 Visa, an individual must first be sponsored by a U.S. employer. The employer must demonstrate that the foreign national’s skills and qualifications are so exceptional that they are considered to be in the top percentile of their field. Additionally, the employer must show that there is a shortage of U.S. workers who possess the same level of expertise and that the foreign national’s presence in the United States is in the national interest.

The EB1 Visa application process can be complex, and it is important to work with an experienced immigration attorney to ensure that all necessary documentation and evidence is properly submitted. Some of the key requirements include:

Proof of the foreign national’s exceptional abilities, such as awards, publications, and other accomplishments
A detailed job offer from the U.S. employer, including a description of the job duties and the employer’s need for the foreign national’s expertise
Evidence of the foreign national’s education and training, including degrees, diplomas, and certificates
Evidence of the foreign national’s relevant work experience, including letters of recommendation from past employers or colleagues

Once the application is submitted, it will be reviewed by the U.S. Citizenship and Immigration Services (USCIS). If the application is approved, the foreign national will be issued an EB1 Visa, which will allow them to live and work in the United States permanently.

It’s worth noting that EB1 Visa application may also include a National Interest Waiver (NIW) which could bypass the employer sponsorship requirement. The national interest waiver is for individuals who can demonstrate that their work or expertise is in the national interest of the United States.

Overall, the EB1 Visa is an excellent option for foreign national talents who possess exceptional abilities in their field of expertise. However, the application process can be complex, and it is essential to work with an experienced immigration attorney to ensure that all requirements are met.

Please note that this post is not a legal advice, it’s recommended to consult with immigration lawyer to understand the EB1 Visa requirements and process.

Who Can Apply for the EB1 Visa?

The EB1 Visa is intended for foreign national talents who possess exceptional abilities in their field of expertise, as well as outstanding professors and researchers. Specifically, the EB1 visa category includes three subcategories:

EB1A (Alien of Extraordinary Ability): This category is for individuals who have achieved significant success in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
EB1B (Outstanding Professors and Researchers): This category is for individuals who are recognized internationally as outstanding in a specific academic field and have at least three years of experience in teaching or research in that field.
EB1C (Multinational Manager or Executive): This category is for individuals who have been employed outside the United States in the three years preceding the petition for at least one year by a firm or corporation and are seeking to enter the United States to continue service to that firm or organization.

To apply for the EB1 Visa, an individual must first be sponsored by a U.S. employer. The employer must demonstrate that the foreign national’s skills and qualifications are so exceptional that they are considered to be in the top percentile of their field. Additionally, the employer must show that there is a shortage of U.S. workers who possess the same level of expertise and that the foreign national’s presence in the United States is in the national interest. It’s worth noting that EB1 Visa application may also include a National Interest Waiver (NIW) which could bypass the employer sponsorship requirement. The national interest waiver is for individuals who can demonstrate that their work or expertise is in the national interest of the United States.

It is recommended to consult with immigration lawyer to understand the EB1 Visa requirements and process.

How to Apply for the EB1 Visa?

Determine Eligibility: The first step is to determine if you are eligible for the EB1 Visa based on the criteria outlined in the previous answer.
Obtain a Job Offer: You must have a job offer from a U.S. employer who is willing to sponsor your EB1 Visa application. The employer must demonstrate that your skills and qualifications are exceptional and that there is a shortage of U.S. workers who possess the same level of expertise.
Gather Required Documents: You will need to gather various documents and evidence to support your EB1 Visa application. These may include proof of your exceptional abilities, a detailed job offer, evidence of your education and training, and letters of recommendation from past employers or colleagues.
File the Petition: Once you have all the required documents, your employer will need to file a petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf. The petition should include all the required documents and evidence.
Pay the Filing Fees: There will be filing fees associated with the EB1 Visa application process which need to be paid.
Wait for the Decision: Once your EB1 Visa petition is filed, you will need to wait for a decision. The processing time can vary depending on the USCIS office and workload.
Attend an Interview: If required, you may be asked to attend an interview with a USCIS officer.
Receive the EB1 Visa: If your EB1 Visa application is approved, you will receive your EB1 Visa, which will allow you to live and work in the United States permanently.

It’s worth noting that the process may differ based on the subcategory of EB1 you’re applying for, and it’s highly recommended to work with an immigration attorney to ensure all the necessary documentation and evidence is properly submitted.

EB1 visa application procedures from US employer

The EB1 Visa application process for a U.S. employer generally involves the following steps:

Determine Eligibility: The first step is to determine if the foreign national employee is eligible for the EB1 Visa based on the criteria outlined in the previous answers.
Prepare a Job Offer: The U.S. employer will need to provide a detailed job offer to the foreign national employee, including a description of the job duties and the employer’s need for the foreign national’s expertise.
Gather Required Documents: The U.S. employer will need to gather various documents and evidence to support the EB1 Visa application. These may include proof of the foreign national’s exceptional abilities, evidence of the foreign national’s education and training, and letters of recommendation from past employers or colleagues.
File the Petition: Once the U.S. employer has all the required documents, they will need to file a petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign national employee. The petition should include all the required documents and evidence, including the job offer and any additional supporting documentation.
Pay the Filing Fees: There will be filing fees associated with the EB1 Visa application process which need to be paid by the employer.
Wait for the Decision: Once the EB1 Visa petition is filed, the U.S. employer and the foreign national employee will need to wait for a decision. The processing time can vary depending on the USCIS office and workload.
Attend an Interview: If required, the foreign national employee may be asked to attend an interview with a USCIS officer.
Receive the EB1 Visa: If the EB1 Visa application is approved, the foreign national employee will receive the EB1 Visa, which will allow them to live and work in the United States permanently.

How long does it take to process an EB1 Visa?

The processing time for an EB1 Visa application can vary depending on a number of factors, including the specific category of EB1 for which the applicant is applying, the workload of the U.S. Citizenship and Immigration Services (USCIS) office where the application is being processed, and whether the application is filed with a premium processing service.

In general, the EB1 Visa category is considered a “priority worker” category, which means that it is given a higher priority in the processing of applications, so it should take less time than other categories. However, the current processing time can change, it can be affected by many factors such as the demand, the workload, the available resources and the security measures.

As of 2021, the processing time for EB1 Visa applications can vary depending on the USCIS office and the specific category of EB1. According to the USCIS website, the processing time for EB1A can take around 4 to 8 months, EB1B around 8 to 14 months and EB1C around 10 to 18 months.

Premium Processing service is an option provided by the USCIS that allows expedited processing of certain types of petitions, including EB1 Visa applications. With this service, the USCIS guarantees a 15-calendar day processing time, but the employer must pay an extra fee.

It’s always recommended to check the USCIS website for the most up-to-date processing times, or to consult with an immigration attorney for the most accurate estimate of processing time for your specific case.

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

There are several ways to obtain the status of Lawful Permanent Resident (LPR) in the United States, also known as a Green Card holder. Some common ways include:

Family-based immigration: This is one of the most common ways to obtain a Green Card, where a U.S. citizen or LPR relative petitions for a Green Card for a family member. The family member must be an immediate relative (spouse, parent, or child under 21 years old) of the U.S. citizen, or a family member in a preference category (such as a married child over 21 years old or a sibling) of the U.S. citizen or LPR.
Employment-based immigration: This is another common way to obtain a Green Card, where a U.S. employer petitions for a Green Card for an employee. The employee must fall into one of the five preference categories based on their qualifications and the needs of the U.S. labor market. EB1, EB2, and EB3 are the most common categories for employment-based immigration.
Diversity Visa Lottery: This is a program that makes a certain number of diversity immigrant visas available each fiscal year to persons from countries with low rates of immigration to the United States. The program is administered by the U.S. Department of State and run through an annual lottery.
Asylum or refugee status: Individuals who are persecuted or fear persecution in their home country may be eligible for asylum or refugee status in the United States. Once they are granted asylum or refugee status, they may be able to apply for a Green Card after one year.
Special programs: There are also other special programs that may allow certain individuals to obtain a Green Card, such as the Nicaraguan and Central American Relief Act (NACARA), the Cuban Adjustment Act, and the Haitian Refugee Immigration Fairness Act (HRIFA).

It’s worth noting that the process and the requirement for each category can vary, and it’s highly recommended to consult with an immigration attorney to understand the process and the specific requirements for your case.

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

Holders of EB-1 visas are legally permitted to reside and work in the United States, but they are not automatically eligible for certain benefits, such as healthcare coverage. Whether or not you are able to access American healthcare as an EB-1 visa holder will depend on your individual circumstances, such as whether you have health insurance through your employer or if you are able to purchase private insurance. Additionally, you may be eligible for Medicaid or other government-provided health insurance programs if you meet the income and residency requirements.

Other Types of Employment Preference Visas

In addition to the EB-1 visa, there are several other types of employment preference visas that allow individuals to work in the United States. These include:

EB-2: This visa is for individuals with advanced degrees or exceptional ability in their field.
EB-3: This visa is for professionals, skilled workers, and other workers.
EB-4: This visa is for special immigrants, including religious workers, employees of U.S. foreign service posts, and others.
EB-5: This visa is for investors who invest a certain amount of money in a new commercial enterprise and create jobs for U.S. workers.
H-1B: This is a non-immigrant visa for individuals in specialty occupations, such as engineers, scientists, and computer programmers.
L-1: This is a non-immigrant visa for employees of international companies transferring to the U.S. affiliate, subsidiary, or parent of the same company.
O-1: This is a non-immigrant visa for individuals with extraordinary ability in their field.
TN: This is a non-immigrant visa for citizens of Mexico and Canada engaged in certain professional activities.

Each of these visas have different eligibility and application requirements, and it’s best to consult with a immigration lawyer or the U.S. Citizenship and Immigration Services (USCIS) for more information.

Conclusion

In conclusion, applying for an EB-1 visa for a U.S. employment green card is a multi-step process that requires careful preparation and documentation. Eligible individuals include those with extraordinary ability, outstanding professors and researchers, and multinational executives and managers. To apply, individuals must first have a job offer from a U.S. employer and then the employer must file a Form I-140, Immigrant Petition for Alien Worker, on the individual’s behalf. After the form is approved, the individual can then apply for the actual EB-1 visa through the U.S. Department of State, or if already in the U.S, file an I-485, Application to Register Permanent Residence or Adjust Status. It’s important to work closely with the employer and consult with an immigration lawyer to ensure all necessary documentation is completed and submitted correctly.

Apply for an EB1 Visa for a US Employment Green Card