EB-1 Visa Guide

What is EB-1?

EB-1 stands for “Employment-Based First Preference,” which is a category of immigrant visas for foreign nationals seeking to become lawful permanent residents (green card holders) in the United States based on their employment qualifications. The EB-1 category is reserved for individuals who demonstrate extraordinary ability, are outstanding professors or researchers, or are multinational managers or executives. It is considered one of the most desirable paths to obtaining a green card because it has certain advantages, including a faster processing time and not requiring a labor certification from the U.S. Department of Labor.

EB-1 Requirements 

To be eligible for the EB-1 visa, applicants must meet certain criteria based on their field of expertise. There are three subcategories within the EB-1 visa: EB-1A, EB-1B, and EB-1C.

Each of these subcategories has its own set of eligibility criteria and documentation requirements. The process for obtaining an EB-1 visa involves filing a petition with U.S. Citizenship and Immigration Services (USCIS) and providing extensive evidence to support the eligibility criteria for the specific subcategory. If approved, the individual and their immediate family members can apply for immigrant visas to enter the United States as permanent residents.

EB1 Sub-Categories

There are three subcategories within the EB-1 category:

1. EB-1A: Extraordinary Ability

This category is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. To qualify, an applicant must demonstrate a high level of expertise and recognition in their field and provide evidence of their extraordinary abilities, such as awards, publications, or significant contributions.

2. EB-1B: Outstanding Professors and Researchers

This category is for outstanding professors and researchers who have a job offer from a U.S. university or research institution. They must demonstrate international recognition for their work through publications, awards, and other achievements.

3. EB-1C: Multinational Managers and Executives

This category is for multinational managers and executives who have been employed abroad by a qualifying multinational company and are coming to the United States to continue working for the same company in a managerial or executive capacity.

EB-1 Application Process

The EB-1 (Employment-Based First Preference) application process involves several steps, and it can be complex. The process generally includes the following key stages:

1. Determine Eligibility

Before you begin the EB-1 application process, it’s crucial to determine which specific subcategory of EB-1 you qualify for: EB-1A (Extraordinary Ability), EB-1B (Outstanding Professors and Researchers), or EB-1C (Multinational Managers and Executives). Each subcategory has its own set of eligibility criteria.

2. Prepare Supporting Documents

Compile a comprehensive set of documents and evidence to demonstrate your eligibility for the chosen EB-1 subcategory. This evidence may include reference letters, awards, publications, patents, employment history, and other relevant documentation. For EB-1B and EB-1C, you will need documentation related to your work as a professor, researcher, manager, or executive.

3. File Form I-140

For most EB-1 applicants, the first step is to file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form serves as your petition to establish your eligibility for an EB-1 immigrant visa. Pay the required filing fee and provide all supporting documents with the petition.

EB-1 visa Filing Fees

$700 for I-140 filing fee 

The filing fee for I-485 

• Under 14 and filing with the Form I-485 application of at least 1 parent is $750
• Under 14 and not filing with the Form I-485 application of at least one parent is $1140
• Between age 14 and 78, the fee is $1,225
• Age 79 or older is $1140

 

EB-1 Processing Time

The processing time for an EB-1 (Employment-Based First Preference) immigrant visa application can vary depending on several factors, including the specific subcategory (EB-1A, EB-1B, or EB-1C), the applicant’s country of chargeability, and the current workload and processing times at the U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of State (DOS) offices responsible for adjudicating and processing these petitions and visa applications. Here are some general points to consider regarding EB-1 processing times:

• USCIS Processing Time

The initial step in the EB-1 application process is filing a petition with USCIS. USCIS typically provides estimated processing times on its website for various types of petitions. As of my last knowledge update in September 2021, USCIS had been experiencing delays in processing times for many types of petitions due to various factors, including increased caseloads and the COVID-19 pandemic. Processing times can vary from a few months to over a year or more.

• EB-1 Priority Date

The priority date is the date when the EB-1 petition is properly filed with USCIS. Visa numbers for EB-1 applicants are subject to annual limits, and visa bulletin updates from the DOS determine when an applicant’s priority date becomes current. Applicants must wait for their priority date to become current before they can proceed with the final stages of the immigrant visa application process.

• Consular Processing or Adjustment of Status: 

Once the priority date becomes current, the applicant can either go through consular processing (if they are outside the United States) or file for adjustment of status (if they are already in the U.S.). The processing times for these steps can also vary.