As you know, besides family and immediate relative immigrant visas, the U.S. also gives visas to people who qualify to work in the United States. This process can be very complex, so today we’re here to discuss the EB-1 green card, an immigrant visa. Some refer to it as the best employment-based category for the green card category because it offers certain flexibilities and advantages that other similar categories do not.
What is an EB-1 Based Green Card?
The EB-1 based green card is a first-preference visa that is open to three subgroups of foreign nationals. There is the EB-1A subcategory for people with extraordinary ability, EB-1B for outstanding professors, and EB-1C for certain multinational executives or managers.
The EB-1 visa is highly desirable because its application wait time is remarkably shorter than most other immigrant visa categories, which sometimes take many years. Additionally, it doesn’t require you to obtain Labor Certification from the Department of Labor, which is a major requirement in most other categories.
Eligibility Criteria for the EB-1 Based Green Card
You may be eligible for an EB-1 green card if you are a foreign national who meets any of the following three descriptions:
⦁ A person with extraordinary ability
⦁ An outstanding professor or researcher
⦁ A certain multinational manager or executive
Each of the above subcategories has its own specific criteria applicants must meet.
EB-1A, Workers of Extraordinary Ability Subcategory
A worker with extraordinary ability in the sciences, arts, education, business, or athletics, may qualify for a green card as a priority worker. The person’s achievements must have been publicly recognized and resulted in a period of sustained national or international acclaim, leading to this category having been nicknamed the “Einstein visa.” The application process often shows that the foreign national is a widely acknowledged leader in the artistic, educational, business, or athletic fields.
No job offer is needed in this subcategory so long as the foreign national will continue working in the field of expertise after arriving in the United States. If, however, the worker has received a job offer from a U.S. employer, that employer can help with the EB-1 application by filing the required initial petition with U.S. Citizenship and Immigration Services (USCIS) on Form I-140.
EB-1B, Outstanding Professors, and Researchers Subcategory
Suppose a foreign national has an international reputation for being outstanding in a particular academic field. In that case, that person may qualify for a green card as a priority worker within the outstanding professors and researchers subcategory with an offer of work from a U.S. employer.
The foreign national will have to show at least three years of experience in either teaching or research in the relevant academic field. The job offer for which the applicant is coming to the U.S. must be a specific tenured or tenure-track teaching or research position at a university or an institution of higher learning. Or, if the position is at a research organization, it must be a permanent position.
Not every type of employer can make use of this visa category. It must be a “qualified employer,” meaning either a university or institution of higher education or a department, division, or institute of a private research entity with at least three full-time researchers on staff. The private U.S. employer will also need to show a history of making significant research achievements.
EB-1C, Multinational Executives and Managers Subcategory
his subcategory of the EB-1 priority worker category is limited to executives or managers who have been working for a qualified company outside the U.S. for at least one out of the past three years. Or, if the person is already in the U.S. on a temporary visa, it’s possible to qualify based on having been employed as an executive or manager at that company for one of the three years before arrival in the United States.
The foreign national must now be planning to take a managerial or executive position with a U.S. branch, affiliate, or subsidiary of the very same company. The U.S. office must show that it has been in business for at least one year. (The prerequisites are similar to those for L-1 intra-company transferee nonimmigrant visas.)
How to Apply Under the EB-1 Category
The EB-1 immigrant visa application process varies depending on the subcategory you are applying for.
If you apply under extraordinary ability, you can file your petition. You must file Form I-140, Petition for Alien Worker, with USCIS. In other words, you don’t need to wait for an employer’s job offer, nor do you need one to sponsor your petition.
B-1B and EB-1C:
If you apply as an outstanding professor, researcher, multinational executive, or manager, you will need an employer to sponsor your petition. The employer will file Form I-140 with USCIS on your behalf.
During the application process, the employer will need to prove they have the financial ability to start and sustain the payment of the agreed wage as your petition’s priority date. They may need to provide their federal income tax return, annual report, or audited financial statement to demonstrate their financial ability to pay their wages.
How Long Does it Take to Get the EB-1 Qualification?
The processing time generally depends on the backlogs at the USCIS office processing your I-140 petition. It generally takes over 7 months to receive a decision.
If you want to expedite the process, you may request a premium processing service that guarantees a decision within 15 days. To do this, you will submit Form I-907 to USCIS, with an additional fee of $2,500. EB-1A applicants may enjoy a speedier process than other subcategories, as they don’t have to wait for an employment offer. However, all EB-1 visa categories generally have a faster application process timeline than other employment-based visas.
This is due to the non-requirement of the labor certification process. After submitting your I-140 petition either by yourself or through an employer, you will receive the following notifications from USCIS:
⦁ Receipt of notice confirming they have received your petition
⦁ Notice of biometric appointment, if applicable
⦁ Notice to appear for a visa interview, if required
⦁ Notice of decision, which can be either approval or denial
As I promised, here’s some bonus information that you may not know about:
The next step after getting designation under the EB-1 visa category is to apply for a green card which will allow you to live any work anywhere in the US.
To obtain green card or lawful permanent resident status, you must file Form I-485, Application to Register Permanent Residence or Adjust Status, to USCIS if you are inside the U.S. This form will be processed, and if approved, you will get your green card in the mail. You may also apply for US citizenship after obtaining your EB-1 green card. You will be eligible for citizenship application after amassing five years of continuous residence as a green card holder.
Do I Get Access to American Healthcare Under the EB-1 Green Card?
Yes, you will have access to healthcare in the United States as an EB-1 green card holder. This is important because the costs of getting medical treatment in the U.S. are among the highest in the world.
Treating a broken leg or arm will cost you over $17,00, while staying at a U.S. hospital may cost over $2,000, on average, per day. You should pick a health insurance plan that fits you best, which is affordable and covers your needs.
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