Table of Contents
Who Is Eligible for an EB-1 Visa?
An EB-1 visa is a first-preference visa that is available for certain immigrants to the United States. EB-1 visas are based on a combination of ability and acclaim in the petitioner. While they are uniquely difficult to obtain, EB-1 visa holders may receive preferential treatment when it comes to immigration matters. For many applicants, it is the first step toward becoming a Green Card holder.
There are three main categories for EB-1 visas:
EB-1A (Extraordinary Ability)
EB-1A visas are linked to extraordinary and demonstrated ability in certain fields like the arts, sciences, education, business or athletics. EB-1A visa applicants might be well-known performers, Olympic athletes, winners of national or international awards for achievement, or other kinds of stand out citizens. At least three out of 10 EB-1 criteria must be met, or substituted with proof of having received a Pulitzer, Oscar, or Olympic medal. While EB-1A candidates do not require a specific offer of employment or labor certification, you must be able to demonstrate that you will be continuing to work in your area of recognition and expertise.
EB-1B (Outstanding Professors and Researchers)
Professors and researchers are highly regarded in the United States. Those seeking to immigrate with an EB-1B visa must demonstrate that they have at least three years experience in their academic field and have outstanding achievements in that field that have led to international recognition. Additionally, EB-1B applicants must be entering the US in order to pursue either tenure or a comparable teaching position at a university, institute of higher education or private employer. Finally, candidates must meet at least two of the six EB-1 criteria from the list below and show their offer of employment from a qualifying US employer. In order to qualify, a research institution or university must be able to show prior documented accomplishments and must currently employ at least three full-time researchers.
EB-1C (Multinational Managers and Executives)
Managers and executives may also qualify for EB-1 visas if they meet several requirements. They must have been employed for at least one year in the prior three years outside of the US. Additionally, the US company or business wishing to employ them must have been established for at least one year doing business, have a qualifying relationship to your current international employer, and intend to employ an EB-1C candidate in a managerial or executive role.
What Are the EB-1 Requirements?
Per U.S. Citizenship and Immigration Services (USCIS), you must meet the following requirements, in some combination, to qualify for an EB1 visa:
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Evidence of your membership in associations in the field which demand outstanding achievement of their members
- Evidence of published material about you in professional or major trade publications or other major media
- Evidence that you have been asked to judge the work of others, either individually or on a panel
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
- Evidence that your work has been displayed at artistic exhibitions or showcases
- Evidence of your performance of a leading or critical role in distinguished organizations
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
- Evidence of your commercial successes in the performing arts
Additionally, EB-1B applicants must provide evidence of at least two of the following six criteria:
- Major prizes or awards for outstanding achievement
- Membership in associations that require their members to demonstrate outstanding achievement
- Published material in professional publications written by others about your published work in the field
- Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
- Original scientific or scholarly research contributions in the field
- Authorship of scholarly books or articles with international circulation in the field
Requirements for Workers
Remember, EB-1 visas are still occupational in nature. While some immigrants of extraordinary ability may not require an offer of employment, researchers, professors, and executives must show that they will be employed by qualifying institutions in the US.
Requirements for Employers
Employers must meet their own criteria in order to be appropriate sponsors for EB-1 visa holders. They must have a proven history of accomplishments in the field in order to sponsor researchers or professors. For executives, they must have a connection or relationship of some kind to an applicant’s current employer. And both kinds of companies and institutions must have been active in the field for a certain period of time prior to filing for an EB-1 visa.
About Self-Petitioning for an EB-1A
Unlike with EB-2 or EB-3 visas, EB-1 visa holders do not need to undergo labor certification. Additionally, EB-1A visa holders do not need an employer to sponsor them. EB-1A applicants who qualify may simply file the same form that employers use as sponsors.
What Is the Average EB-1 Processing Time?
EB-1 visas are some of the faster kinds of petitions in US immigration law. Certain kinds of documentation for EB-1 visas, such as Olympic medals, concert ticket sales, speaking engagements, awards, and more are likely already well-known and well-documented. This can drastically speed up the timeline for accomplishing and processing an EB-1 visa. Premium processing for an EB-1A visa may take as swift a period of time as 15 calendar days. Meanwhile, other EB-1 applications often range from six to 14 months. The average processing time according to USCIS historic processing times data is 7.6 months.
How Much Does an EB-1 Visa Cost?
EB1 visas will cost at least $715 for the initial filing fee. There are additional costs associated with this visa, however, including possible:
- Adjustment of status fee ($1440)
- Various forms ($465 total)
- Biometrics fee ($85)
- Immigrant fee ($220)
- Additional legal fees and costs
How Our Immigration Lawyers Can Help With EB-1 Visas
Our immigration attorneys can help guide you through every step of filing, from meeting deadlines to assembling paperwork. For both employees and employers looking to sponsor EB-1 immigrants, Brown Immigration Law is available to ensure compliance as well as assist with denials and appeals.
Do You Have an EB-1 Visa Lawyer Near Me?
Brown Immigration Law maintains offices in multiple US cities and states in order to best serve our clients nationwide. Our offices are located in Cleveland, Columbus, Raleigh-Durham, Tampa, and Orlando.
Contact Brown Immigration Law for Help with EB-1 Visas
Our EB-1 visa attorneys can help you handle myriad technical and time-sensitive matters that make up US immigration law with discretion, legal acumen and professionalism. Brown Immigration Law is experienced in issues as diverse as submitting visa applications to ensuring I-9 compliance to deportation defense. Schedule a consultation by contacting or calling us at 888-861-4414.
