EB-1 Visa (EB1 Green Card)
What is EB-1 Visa?
This is an employment-based green card for aliens with extraordinary ability (referred to as priority workers). No labor certification is required. If the alien’s petition is approved, their spouses and children may be eligible to obtain E-14 or E-15 status to arrive in the U.S.
There are three categories within this visa type:
- EB-1 (A): aliens with extraordinary ability in a specialized field (business, arts, sciences, athletics, or education).
- EB-2 (B): Professors or researchers with international acclaim
- EB-1 (C): Executives or managers of multinational companies
On this page, we will discuss EB1 visa requirements, Evidence required, Visa Bulletin, USCIS Processing, Consular Visa Processing, and Adjustment of Status.
At the end of the page, you will find important links for some other related immigrant and non-immigrant visas.
EB-1 (A) Visas Requirements
For an EB-1A visa:
- The alien must have extraordinary ability in business, arts, sciences, athletics, or education.
- This must be of international acclaim and the alien will have to prove it.
- The alien must continue in the same field of work in the U.S.
- The alien’s work must benefit the U.S
EB-1(A) Visa Process and Evidence: Aliens who are applying through EB-1(A) can self-petition by filing a Form I-140. They should Include evidence of having won a one-time major achievement (e.g., Nobel Prize, Pulitzer, Olympic Medal) OR at least 3 of the following to prove that the alien has extraordinary ability:
- Evidence of having received lesser nationally or internationally recognized awards in the field.
- Evidence of having membership in field-related associations that require remarkable achievement of their members.
- Evidence of having original contributions that have significantly added to the field.
- Evidence of authorship in major professional media.
Evidence of having original work shown in showcases or artistic exhibitions. - Evidence of a high salary compared to the field average.
Evidence of publications about the alien and their work in major media. - Evidence of having been asked to judge others’ work (individually or in a panel).
- Evidence of commercial success as shown through sales records, box office, etc.
EB-1 (B) Visas Requirements
For an EB-1B visa:
- The alien must be a researcher or professor of international acclaim.
- They must have at least 3 years of work experience in their field.
- They must enter the U.S. in pursuit of tenure or a comparable position. This can be with a university or a private employer. However, if with a private employer, the employer must be able to show that they have at least 3 other full-time researchers.
EB-1(B) Visa Process and Evidence: Aliens who are applying through EB-1(B) must be sponsored by a U.S. employer. The employer must file Form I-140 and demonstrate a continued ability to pay the alien the promised wage as of the priority date. This can be demonstrated through the provision of any of the following:
- A federal income tax return
- An annual report
- An audited financial statement
At least 2 of the following should be included to prove that the alien has extraordinary ability:
- Evidence of having received a major achievement award or prize
- Evidence of having membership in field-related associations that require remarkable achievement of their members.
- Evidence of having been a judge (individually or on a panel) of others’ work in the same or related field.
- Evidence of publications about the alien and their work in professional media.
- Evidence of scholarly authorship in scholarly journals with international circulation.
- Evidence of having original research-related or scientific contributions that have significantly added to the field.
- Letters of recommendation or expert testimonials can be included, given that they discuss the alien’s work and contributions.
Additionally, to prove the alien’s 3 years of work experience, the alien will have to provide letters from current or former employers that attest to their work.
EB-1 (C) Visas Requirements
For an EB-1C visa:
- The alien must hold an executive or managerial position in the multinational company for at least one continuous year in the three years preceding the petition.
- The employer must have been doing business for at least one year legally and have a relationship with the company or affiliate that employed the alien abroad.
- The alien must continue to work as an executive or manager upon coming to the U.S.
EB-1(C) Visa Process and Evidence: Aliens who are applying through EB-1(C) must be sponsored by a U.S employer. The employer must file Form I-140 and demonstrate a continued ability to pay the alien the promised wage as of the priority date. This can be demonstrated through the provision of any of the following:
- A federal income tax return
- An annual report
- An audited financial statement
- Additionally, the U.S. employer must include a statement that includes details on how long the alien worked as an executive or manager for the company, how long the company has conducted business in the U.S., and the relationship between the U.S. company and its foreign affiliates.
- After Form I-140 is approved, depending on whether the alien already lives in the U.S. or not they will have to undergo consular processing or adjustment of status.
USCIS Processing
The processing time for an EB-2 visa through U.S. Citizenship and Immigration Services (USCIS) can vary depending on several factors, including your country of origin, the specific USCIS service center handling your case, and the current caseload. Here is an overview of the general steps and processing times for an EB-2 visa through USCIS:
- Form I-140 Petition: The first step is to file an Immigrant Petition for Alien Worker (Form I-140) with USCIS. This form is typically filed by your U.S. employer, and it establishes your eligibility for the EB-2 category. USCIS will review the petition to ensure that you meet the eligibility criteria.
- Processing time: USCIS processing times for Form I-140 can vary but generally range from several months to over a year. You can check the USCIS website for current processing time estimates for your specific service center.
- Premium Processing (Optional): USCIS offers a premium processing service for certain visa categories, including the EB-2. For an additional fee, USCIS will expedite the processing of your Form I-140 within 15 calendar days. Premium processing can significantly reduce the processing time.
Priority Date & Visa Bulletin
- Visa Bulletin: After USCIS approves your Form I-140, your priority date (the date of filing your petition) becomes important. You must wait for a visa number to become available based on the Visa Bulletin published by the U.S. Department of State. The availability of visa numbers depends on your visa category and country of chargeability.
Consular Processing
If the alien does not live in the U.S., they will have to submit:
- The DS-260 Immigrant Visa Application,
- Supporting documents, and
- Attend an interview with the U.S. Consulate in their country.
Upon approval, the alien will be able to enter the U.S. as a permanent resident.
Adjustment of Status
If the alien already lives in the U.S. they will have to submit a Form I-485 ( Application for Adjustment of Status). Upon approval, they will have permanent resident status in the U.S.
Important Links for Related Visas
Please click the links below to learn the details about other work visas.
Immigrant Visas:
Please click the link below to find out more about each type of temporary work visa.
- H-1B Visas
- R1 Visas (Temporary Religious workers)
- L-1A Visas (Intracompany transferees in managerial or executive positions)
- L-1B Visas (Intracompany transferees in positions utilizing specialized knowledge)
- TN Visas (Temporary professionals from Mexico and Canada)
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Clients Comments
Our Expertise and Services:
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance:
After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.
Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.