The EB-1 visa category

EB-1 is a well-known employment-based immigrant visa of the United States. It is particularly designed for individuals who have outstanding skills or are well recognized for their services and expertise in their respective professions. Examples include professors, researchers or multinational executives and managers. Visa processing time is very short hence enhancing its popularity. It is also famous among the highly skilled individuals across the world because it provides a direct pathway to permanent residency.

Who Can Apply for an EB-1 Visa?

There are further three sections within EB-1 category:-

EB-1A: Persons with Extraordinary Abilities:

This section is for highly qualified persons in the fields of science, arts, education, business, or athletics. For obtaining the visa under this subsection, individuals should provide solid proof of their services and recognition in their country or outside of their country.  One of the very important features of this EB-1A section is that the applicants do not need any job offer or sponsorship by any employer. So, self-petition is allowed in the EB-1A category. This feature is of great importance for people who want US immigration. 

EB-1B: Professors and Researchers:

This section is of researchers and professors who possess expertise in their respective fields and are well known for their services. Applicants must have at least three years of experience in their academic field. A job offer from US academic institutions or research entities is also required for this visa category. So, this visa is mainly for well-known researchers and professors. 

EB-1C: Multinational Executives and Managers:

This section is for executives or managers of multinational companies. The eligibility requirement includes working for at least one year within the past three years outside the U.S. and now such individuals are looking for transfer to an affiliate, subsidiary or branch of that company within the U.S. A job offer is required from that U.S. based branch or subsidiary of the company. So, it will act as a sponsor.

Basic Features of the EB-1 Visa:-

The special features of EB-1 visa that makes it prominent among others include:

Pathway to Permanent Residency: 

EB-1 visa is an employment-based immigration visa that provides legal permanent residency to its holders, hence it is distinguished from others in this respect. The holders of this visa category can live and work in the U.S for as long as they wish. 

No Labor Certification Requirement: 

One prominent feature of the EB-1 visa category that makes it more attractive is that it does not require its applicants to obtain labor certification (PERM) from the Department of Labor. This feature makes the application procedure very smooth. 

Faster Processing: 

One other feature that distinguishes it from EB-2 and EB-3 visa is its faster processing particularly in countries like India and China where other visa categories take a long time to process. There is also premium processing that individuals can take which can further shorten the process time.

Flexibility for Self-Sponsorship: 

No sponsor is required in case of EB-1A section, which makes it ideal for the individuals who don’t have any employer or sponsor. This allows for self-petition.

High Success Rates for Qualified Individuals:

High achievers and individuals having valid portfolios can get easy approval of the EB-1 category. So applicants possessing high achievements in their fields particularly get benefit from this visa category.

“Extraordinary” and “Outstanding” Designations: 

High achievers and experts can get entry in the U.S through EB-1 visa and have great opportunities to get acknowledged in their respective fields.

Eligible for U.S. Citizenship: 

EB-1 recipients can apply for U.S. citizenship, after holding a green card for five years. In this way they can enjoy all the rights of a U.S. citizen.

No Quota-Based Delays for Certain Countries: 

Applicants don’t have to wait in the EB-1 category unlike EB-2 and EB-3 categories. This makes it easier and convenient for the people of high demand countries to get their green cards. So, this is also one of the reasons why it is a preferred visa category.

Eligibility for Family Members: 

Holders of EB-1 visa can bring their immediate family members (spouse and unmarried children under 21) with them to the U.S. Such immediate family members can get derivative status to live, work or study in the U.S.

Processing Time for EB-1 Visa Applications:-

The application processing time in the case of EB-1 visa depends on many factors such as the workload of USCIS and also the home country of the applicant. However in general this visa category takes a shorter time to process applications as compared to all other visa categories. The visa processing time can be divided further as follows: 

Form I-140 Petition Processing: 

First 140 applications can take up to six to nine months to process. Whereas premium processing happens within fifteen days. 

Adjustment of Status or Consular Processing: 

After approval of the first 140 applications the applicants who are in the U.S. can file for Adjustment of Status (Form I-485). It can take an additional eight to fourteen months. Whereas applicants outside the U.S. undergo consular processing that may take three to four months.

Total Timeline: 

Premium processing is a faster process without any delays and individuals opting it can get their green cards in six months or so. But in general it takes about twelve to eighteen months to process applications. Few exceptions are there in which longer time is required. It depends on various factors. 

The EB-1 visa category is highly liked and preferred by highly qualified and skilled individuals. It has many qualities that make it a great choice for professionals such as faster processing time, no labor certification requirements etc. It is a suitable choice for the individuals who have made significant contributions in their fields. However its conditions are strict such as providing valid evidence of their achievements. The application process requires documentation such as awards, publications, letters of endorsements and other credentials. Most of the time applicants require consultations of law firms during this process. So, applicants need to be careful during the documentation process. Overall the EB-1 category visa is the most attractive option for individuals that possess excellence in their respective fields. It is by far the best option for professionals who want to work and live in the U.S.