The EB-1 visa is an employment-based visa for non-U.S. citizens who have extraordinary abilities, are outstanding professors or researchers, or have worked as multinational managers or executives. This visa provides a path for foreign nationals to live and work permanently in the U.S. and is highly valued because it doesn’t require a PERM labor certification from the U.S. Department of Labor.
In this guide, we’ll walk you through the application process, eligibility requirements, fees, and more for the EB-1 visa.
Is the EB-1 Visa the Same as a Green Card?
While the EB-1 visa is not the same as a green card, it is closely linked. The EB-1 visa is a specific employment-based visa that allows individuals to apply for a green card, which grants them the right to live and work in the U.S. permanently. Essentially, the EB-1 is a step toward getting a green card.
Who Qualifies for the EB-1 Visa?
To qualify for an EB-1 visa, applicants must demonstrate extraordinary ability in their field, international recognition for their achievements, or significant experience in a managerial or executive role with a multinational company. The EB-1 visa is divided into three subcategories:
EB-1A: Extraordinary Ability
- You must provide proof of sustained national or international acclaim in your field.
- You should have recognized prominence and extensive documentation of your accomplishments.
- You must meet at least three of the ten listed criteria for this visa category.
USCIS Update (October 3, 2024): USCIS now includes team awards and former memberships as valid evidence for the EB-1A application.
EB-1B: Outstanding Professors and Researchers
- You must have a job offer from a U.S. employer for a tenured or tenure-track position (or a comparable position at a university or research institution).
- You must show international recognition for outstanding achievements in your academic field and have at least three years of experience in teaching or research.
EB-1C: Multinational Managers or Executives
- You must have been employed abroad for at least one year in a managerial or executive role by a company with a U.S. subsidiary, affiliate, or parent company.
- You must seek to continue working for the same company or a related one in the U.S.
What Is the Cost of the EB-1 Visa?
The fees for the EB-1 visa vary depending on whether you are applying from inside or outside the U.S.
For applicants in the U.S.:
- Form I-140 (Immigrant Petition for Alien Worker): $715 (paid by your employer)
- Immigrant Fee: $235
- Form I-485 (Application to Adjust Status): $1,440
For applicants outside the U.S.:
- Form I-140 (Immigrant Petition for Alien Worker): $715 (paid by your employer)
- Form DS-260: $345
- Form I-864 (Affidavit of Support): $120
EB-1 Visa Timeline
The processing time for Form I-140, the first step of the EB-1 process, is typically around 6.9 months according to USCIS data. If you choose premium processing, your I-140 can be expedited to just 15 days.
Once I-140 is approved, applicants in the U.S. can apply for Form I-485, which takes about 6.4 months on average. If applying from abroad, your case will be transferred to the National Visa Center (NVC) for further processing, and you’ll attend an interview at a U.S. embassy or consulate.
How to Apply for the EB-1 Visa
Here’s a step-by-step overview of the application process:
File Form I-140:
You will need to file the Immigrant Petition for Alien Worker, including documentation to prove your eligibility for the EB-1 visa.
Adjust Status or Consular Processing:
If you’re already in the U.S., you can adjust your status to EB-1. If applying from outside the U.S., you’ll undergo consular processing at a U.S. embassy or consulate.
Biometrics Appointment and Medical Exam:
You may need to attend a biometrics appointment to provide fingerprints and photos. You’ll also need to pass an immigration medical exam.
Attend the Visa Interview:
After your petition is approved, you’ll attend a visa interview at a U.S. embassy or consulate (if applying from outside the U.S.).
Receive Your EB-1 Visa:
If approved, you’ll be granted your EB-1 visa and can live and work permanently in the U.S.
How Long Is the EB-1 Visa Valid?
The EB-1 visa is valid indefinitely as long as you maintain your status and continue working for the same employer. After obtaining the EB-1 visa, you can apply for a green card to permanently settle in the U.S.
EB-1 Visa FAQs
Is there a cap or waiting time for the EB-1 visa?
Generally, there is no cap or waiting time for the EB-1 visa category, as it is not subject to numerical limits. However, individual processing times may vary.
Can I include my spouse and children in my EB-1 visa application?
Yes, you can include your spouse and unmarried children under 21. They may be eligible for derivative visas.
Can I change employers after receiving the EB-1 visa?
The EB-1 visa is tied to the sponsoring employer and position. However, under certain conditions, it may be possible to change employers while maintaining EB-1 status. Consult with an immigration lawyer for guidance.
Do I need a job offer for the EB-1A visa?
No, the EB-1A visa allows you to self-petition based on your extraordinary ability without needing a job offer.
Can I apply for the EB-1 visa if I’m already in the U.S. on another visa?
Yes, you can apply for the EB-1 visa while in the U.S. on another visa as long as you meet the eligibility requirements.
Can I travel outside the U.S. while my EB-1 application is pending?
Yes, you can travel outside the U.S. while your application is pending. However, if you’re adjusting your status (Form I-485), you must apply for an Advance Parole document before traveling to avoid issues re-entering the U.S.
The EB-1 visa offers a fast track to permanent residency in the U.S. for highly skilled professionals, researchers, and executives. With its streamlined process and no cap on applications, it is a great option for those with extraordinary ability or multinational managerial experience. If you are considering applying for the EB-1 visa, understanding the application process, costs, and eligibility criteria is key to a successful outcome.
For personalized assistance with the EB-1 visa application process, Law and Visas can guide you through every step to ensure your application is handled correctly and efficiently.
