Immigrant Visa EB1
The EB1 visa is an employment-based immigrant visa, classified as a first preference visa, designed for non-citizens with extraordinary ability, outstanding professors or researchers, and multinational executives or managers, as well as distinguished artists or athletes. These categories are detailed as follows:
Extraordinary Ability
A petition for a foreign national with extraordinary ability must be accompanied by evidence demonstrating that the individual has achieved national or international acclaim and that their accomplishments have been recognized in their field of expertise. Such evidence should include proof of a singular achievement (i.e., a major, internationally recognized award), or at least three of the following:
Outstanding Professors and Researchers
A petition for a foreign national in the academic realm signifies a body of specialized knowledge offered for study at an accredited United States university or higher education institution. Regarding a research position, it pertains to tenure-track, or a role of indefinite or unlimited duration, in which the employee typically expects continued employment unless there is just cause for termination.
Multinational Executives and Managers
A petition for a foreign national in a managerial or executive capacity entails the regular, systematic, and continuous provision of goods or services by a firm, corporation, or other entity, excluding the role of being an agent. Non-citizens must meet specific qualifications to be eligible for this petition, which includes:
Means a position within an organization where the employee primarily:
- Directs the management of the organization or a major component or function of the organization.
- Establishes the goals and policies of the organization, component, or function.
- Exercises broad discretion in decision-making.
- Receives only general supervision or direction from higher-level executives, the board of directors, or the organization’s shareholders.
Refers to a role within an organization where the employee primarily:
- Manages the organization, or a department, subdivision, function, or component thereof;
- Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
- If directly supervising other employee(s), possesses the authority to hire and fire or recommend such personnel actions (such as promotion and leave authorization), or, if no direct supervision is provided, functions at a senior level within the organizational hierarchy or with respect to the function managed;
- Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.
FAQS
If you are an individual with extraordinary abilities (Subcategory A), you do not need a job offer. However, outstanding professors and researchers (Subcategory B), as well as multinational executives and managers (Subcategory C), require a permanent job offer in the U.S.
The processing time for the EB1 visa can vary significantly, depending on the current workload at USCIS and whether you choose premium processing or not. Generally, it can take from a few months to over a year.
You can apply for an adjustment of status to permanent resident (Green Card) as soon as your EB1 visa is approved and a visa number is available, which is immediate for this category due to its high priority.
Yes, the EB1 visa is an immigrant visa, which means it allows you to apply for permanent residency (Green Card) in the United States.
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