EB-1 Visa: Permanent Residence for Priority Workers
What is an EB-1 Visa?
The EB-1 visa is the preferred pathway for individuals of extraordinary ability to establish long-term residence in the U.S. Much like the O-1 visa, the EB-1 category includes aliens with exceptional ability in the education, arts, sciences, athletics,and business. Unlike the O-1 which is a temporary visa, the EB-1 priority workers visa is a green card, giving the holder permanent residence in the United States
The 3 Classifications of the EB-1 Visa
The EB-1 visa has three specific categories under which an alien may apply for a green card:
- Extraordinary Abilities in the Field of Arts, Education, Business, Athletics and Science
- Accomplished actors, writers, athletes, etc. may apply via this section
- Professors and Researchers
- Academics with at least three years experience in their field, usually coming to U.S. to pursue tenure
- Multinational Managers and Executives
- International business transfers with at least one year with their corporation can apply for the EB-1 to transfer to one of their US-based offices
Extraordinary Ability Requirements for EB-1 Visa
In order to prove eligibility for the EB-1 visa, under the extraordinary abilities category, individuals must provide three (3) of the following ten evidentiary requirements:
- Evidence that applicant has recieved major prizes or awards for outstanding achievement in their industry
- Proven membership in industry-related associations that require outstanding achievement as a entry requisite
- Published works highlighting the applicant’s academic work in scholarly or professional publications
- Proof of participation as an expert judge of the work of others in the same or related academic fields, either individually or as part of a panel
- Record of original scholarly or scientific research which provides a major contribution to the applicant’s field
- Published authorship of industry-relevant scholarly articles or books in internationally-circulated journals or periodicals
- Evidence that your work has been displayed at distinguished artistic exhibitions or showcases
- Documented performance of a leading or essential role in an internationally-renowned organization
- Financial evidence that the applicant’s skills command high salary or other significantly high compensation in relation to others in the field
- Evidence of commercial success in the field of performing arts.
Professors and Researchers
Academics applying for the EB-1 under the Professors and Researchers category must have a petition filed by an employer providing evidence to the USCIS that he or she has an offer of employment in the U.S. in their field of work AND meet at least 2 of the below 6 requirements
- Proven record of outstanding achievement via receipt of major awards
- Membership in associations that require industry-related outstanding achievement as a standard of entry
- Publication of content, written by others, in professional journals which highlights the academic work of the applicant
- Participation as an industry-expert judge, as part of a panel or individually, evaluating work of others in a relevant academic field
- Documented record of original research that makes a scientific or scholarly contribution the field
- Authorship of scholarly books or articles, in a relevant, internationally recognized professional publication.
Multinational Manager or Executive
Multinational business managers and executives get their green cards under the EB-1 visa as well however, the qualifying criteria a bit different from the previous 2 categories. In order to apply under the EB-1 classification, the alien must:
- Establish that he or she was employed outside the U.S. in the preceding 3 years for at least 1 year for the foreign employer
- Seek to enter the U.S. to continue work for the same employer’s U.S. office
Note: Under many circumstances, an L-1 intracompany transferee in executive or a managerial position can have the U.S. office file the petition for the transferee, provided that the employer has been doing business for at least a year in the U.S.
Facts to Know About the EB-1 Visa
How Long is an EB-1 Visa Good For?
- The EB-1 is a green card, meaning it grants permanent residence for holders in the United States.
How Long Does it Take to Process an EB-1 Visa Application?
- The standard application and approval process for the EB-1 visa typically takes around 4-6 months. As with the O-1 visa, the USCIS offers expidited ‘premium processing’ for an extra fee. This can shorten the process to as few as 15 days, provided you have the correct documentation.
How Do I Get an EB-1 Visa with Galstyan Law?
Mr Galstyan, and his stellar immigration law team, have successfully handled dozens of EB-1 cases for individuals with extraordinary abilities, academics, business executives and more. To schedule a FREE, no-obligation consultation, contact Galstyan Law today, toll-free at 888-744-5859, or via email and start your path to permanent U.S. residence under the EB-1 visa.