How to Apply for an EB-1 Visa
by Admin
Posted on 12-09-2023 02:25 PM
The
eb-1
visa is a us immigrant visa that is part of the employment-based visa category. The eb-1 is a first-preference visa that is open to overseas nationals with extraordinary ability, outstanding professors and researchers, or certain multinational executives or managers. You must be able to show “sustained national or international acclaim” in your particular field (which can include the sciences, arts, education, business, or athletics). This type of visa, also known as a green card, grants permanent residency. This means that if you receive it, you can stay in the us indefinitely under your green card status. If you would like to apply for u.
If you are applying for an eb1 visa based on having extraordinary ability, you must be able to show this ability in sciences, arts, education, business, or athletics through sustained national or international acclaim. To prove your extraordinary ability to uscis, you must meet at least 3 of the listed criteria below or provide evidence of a one-time achievement (such as a pulitzer, oscar, olympic medal) as well as showing that you will continue to work in the area of your expertise. Notably, no offer of employment or labor certification is required. The application for an eb1 visa based on extraordinary ability involves applying for yourself with a form i-140.
EB1-A (Alien of Extraordinary Ability)
The eb-1 category is for those individuals that have risen to the top of their profession. There are three eb-1 categories as described below. Eb-1 (a) extraordinary ability
you must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
Your achievements must be recognized in your field through extensive documentation. No offer of employment is required. Eb-1(b) outstanding professors and researchers
you must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years of experience in teaching or research in that academic area.
This subcategory of eb1 is reserved for those with extraordinary ability in the sciences, arts, education, business, or athletics. To qualify, the foreign national must be able to show sustained national or international acclaim. The individual’s achievements in the field generally must be evidenced by extensive documentation. A candidate for this category can self-petition; no offer of employment is necessary, but the applicant must intend to work in his or her field of expertise. More details on the eb1(a) category are available in the murthydotcom newsbrief, self-petitioned, employment-based options (10. Aug. 2020).
Introduction a uscis memorandum issued in august 2010 now mandates two-step analysis for eb1-a aliens of extraordinary ability and eb1-b outstanding professors and researchers and eb-2 foreign nationals of exceptional ability two parts approach the interim guidance states that uscis adjudicators should evaluate eb1-a, b and eb-2 petitions in a two-part approach.
C. A Labor Certication not Required
§ 204. 5 petitions for employment-based immigrants. (a) general. A petition to classify an alien under section 203(b)(1), 203(b)(2), or 203(b)(3) of the act must be filed on form i–140, petition for immigrant worker. A petition to classify an alien under section 203(b)(4) (as it relates to special immigrants under section 101(a)(27)(c)) must be filed on kform i–360, petition for amerasian, widow, or special immigrant. A separate form i–140 or i–360 must be filed for each beneficiary, accompanied by the applicable fee. A petition is considered properly filed if it is: (1) accepted for processing under the provisions of part 103; (2) accompanied by any required individual labor certification, application for schedule a designation, or evidence that the alien 's occupation qualifies as a shortage occupation within the department of labor's labor market information pilot program; and.
Eb-1 first preference employment green cards there are several options available for people interested in obtaining a green card through employment, spread among four different preference categories, in addition to a fifth for investors ( eb-5 ). The eb-1 first preference category is available for foreign nationals who either have an extraordinary ability (eb-1a), are an outstanding professor or researcher (eb-1b), or are a multinational executive or manager (eb-1c). One of the many benefits to all green cards offered under this preference category is that labor certification is not required. This means that the labor market where you would like to live and work does not need to be tested, saving you and your potential employer a lot of headaches and frustration.
North america immigration law group (chen immigration law associates) is a u. S. Immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 u. S. States regarding i-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: eb2-niw (national interest waiver), eb1-a (alien of extraordinary ability), eb1-b (outstanding researcher/professor) and o-1 (alien of extraordinary ability). Our ten thousand i-140 approvals provide unprecedented insight into the uscis adjudication trend with more than 16,000 eb-1a, eb-1b, eb-2 niw and o-1 cases approved, we have first hand information on the manner in which the uscis adjudicate i-140 cases.
The first category within the eb1 visa is eb1a. The eb1a visa is reserved for people that have an extraordinary ability in the sciences, arts, athletics, business, or education. To qualify for an eb1a visa, you must show that you are one of the few who has risen to the top of your field. One of the main benefits of the eb1a visa is that it allows for self-petition. This means that you do not need a company to sponsor you for an eb1a visa. Instead, you can file a petition on your own behalf.
Uscis defines “extraordinary ability” as “a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor,” as proven by “sustained national or international acclaim” and that one’s achievements have been recognized in the field of expertise. What documents do i need to submit with my extraordinary ability green card petition? for this eb-1 category, one may qualify by either: demonstrating a one-time achievement such as the receipt of a major internationally recognized award, such as a nobel prize or an academy award, or, on the basis of a career of acclaimed work in the field of endeavor.