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EB-1 Visa

ELIGIBILITY FOR EB-1 VISA:

A labor certification is not required, but each occupational category has certain requirements that must be met.

 

REQUIREMENTS FOR EB-1 EXTRAORDINARY ABILITY:

  • Must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim
  • Achievements must be recognized field, with extensive documentation
  • No offer of employment is required

 

OUTSTANDING PROFESSORS AND RESEARCHERS:

  • Must demonstrate international recognition for outstanding achievements in a particular academic field
  • Must have at least three years’ experience teaching or researching in that academic area
  • Must be entering the United States in order to pursue tenure or a tenure-track teaching or comparable research position at a university or other institution of higher education

 

MULTINATIONAL MANAGER OR EXECUTIVE:

  • Must have been employed outside the United States for at least one year by a firm or corporation during the three years preceding the petition and you must be seeking to enter the United States to continue service
  • Must have been employed outside the United States for at least one year by a firm or corporation during the three years preceding the petition and:
  • Must be seeking to enter the United States to continue for that firm or organization
  • Employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer

 

EMPLOYER CRITERIA FOR MULTINATIONAL MANAGER OR EXECUTIVE:

  • Your petitioning employer must be a U.S. employer
  • Your employer must have been doing business for at least one year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad

 

HOW TO APPLY

TO START THE EB-1 VISA PETITION YOU OR YOUR EMPLOYER MUST:

  • Complete and sign Form I-140, EB-1 petition for Nonimmigrant Worker
  • Include the appropriate filing fee with the petition (including the biometrics fee if applicable)
  • Provide documents supporting your EB-1 eligibility.

Note: No offer of employment is required for extraordinary ability. If you are filing for an EB-1 visa under extraordinary ability, you may file the Form I-140 petition for yourself. You may be eligible to file Adjustment of Status Form I-485.

 

TO START THE EB-1 VISA PETITION FOR:

OUTSTANDING PROFESSOR AND RESEARCHER OR FOR A MULTINATIONAL MANAGER/EXECUTIVE

 

YOU OR YOUR EMPLOYER MUST:

  • Complete and sign Form I-140, Petition for a Nonimmigrant Worker
  • Include the appropriate filing fee with the petition (including the biometrics fee if applicable)
  • Provide documents supporting your eligibility

Note:  Any petition that is not signed or accompanied by the correct fee will be rejected with a notice that the petition is deficient. Fees are accepted in the form of money order, personal check or cashier’s check only.

 

WHAT HAPPENS AFTER YOU APPLY

Once USCIS receives your Form I-140 for the EB-1 Visa, we will process your application and then you will receive:

  • A receipt notice of your Form I-140, Petition for Nonimmigrant Worker
  • Receive notice for Biometrics appointment, and
  • A notice of a decision in writing.

Once your petition is approved, and your priority date is current, you can apply to become a Legal Permanent Resident. You can do this by either filing a Form I-485 or applying through the consulate. If you are outside of United States, you should apply through the consulate. This method is called consular processing. If you are in the United States, the visa is available (check State Department Visa Bulletin), and you are in a legal status, then you can apply to adjust status.