EB 1A Visa Explained

EB 1A Visa Explained

What is EB 1A visa?

The EB visa category of green cards includes a variety of work-based immigration alternatives. To be accepted by the United States and Immigration Services, employment-based visas must have a strong case (USCIS).

Some employment-based immigrant visas require a Department of Labor PERM Application or Labor Certification, while others do not.

H-1B, L-1, and P visas are examples of non-immigrant employment-based visas that can lead to an EB-type green card.

EB-1 Visa / Green Card: Exceptional Ability

The EB-1 visa is a first-come, first-served employment-based visa for foreign nationals who have demonstrated exceptional skill in their area. Science, the arts, education, business, and athletics are all examples of qualifying fields. Outstanding achievements, as evidenced by "continued national or international recognition," qualify as extraordinary.

There are three categories of Eb-1 visas:

  • EB-1a visa: Extraordinary Ability green card.

  • EB-1b visa: Outstanding Professor or Researcher green card.

  • EB-1c visa: Managers or Executives of multinational companies.

EB-1 Visa Requirements and Application Process 

Because the priority dates are current, the EB-1 is considered as highly desirable. To ensure that no competent workers can fill the employment, the EB-1 does not require a PERM Application or Labor Certification from the Department of Labor.

EB-2 Visa / Green Card:
Advanced Degree or Exceptional Ability

The EB-2 visa is an employment-based visa with a second priority. It is usually reserved for advanced degree holders or foreign nationals with extraordinary competence in their field of expertise.

The EB-2 National Interest Waiver (NIW), which does not require the PERM or Labor Certification processes, is another alternative. This expedites applications for those who can demonstrate that their expertise is in the national interest of the United States.

EB-1A Qualifications

The evidence submitted must meet at least 3 out of 10 criteria set by USCIS or provide proof of a truly exceptional single achievement.

  • Sustained national or international acclaim in your field (sciences, arts, education, business, or athletics) might reflect outstanding talent.

  • Being a member of one or more associations in the area that require exceptional success as a prerequisite for membership.

  • Proof of content about the recipient that has been published in professional or significant trade magazines, as well as other mainstream media.

  • Evidence of being asked to judge the work of others, either individually or as part of a panel of experts.

  • Evidence of significant original scientific, scholarly, or business-related contributions to the topic.

  • Sustained national or international acclaim in your field (sciences, arts, education, business, or athletics) might reflect outstanding talent.

  • Being a member of one or more associations in the area that require exceptional success as a prerequisite for membership.

  • Proof of content about the recipient that has been published in professional or significant trade magazines, as well as other mainstream media.

  • Evidence of being asked to judge the work of others, either individually or as part of a panel of experts.

  • Evidence of significant original scientific, scholarly, or business-related contributions to the topic.
     

Source: USCIS

Green Card Process and Documentation

As the identified Form I-140 beneficiary, you must submit the following documentation and evidence to apply for an employment-based green card as an immigrant currently residing in the United States, according to USCIS:

  • Application to Register Permanent Residence or Adjust Status (Form I-485);
    Form I-797,

  • Approval or Receipt Notice, for Form I-140, filed on your behalf (unless filing Form I-485 with Form I-140 or adjusting status based on a National Interest

  • Waiver or as an alien of extraordinary ability);

  • Form I-485 Supplement J, to confirm that the job offered to you in Form I-140 remains a bona fide job offer that you intend to accept once your Form I-485 is approved (unless filing Form I-485 with Form I-140)

  • Two passport-style photos; a government-issued identification card with a photo;

  • A birth certificate;

  • Passport page with nonimmigrant visa;

  • Passport page with admission/parole stamp;

  • Form I-94, Arrival/Departure Record, or admission or parole stamp on the travel document from US Customs and Border Protection (CBP).

Note: If CBP does not give you with an electronic version of Form I-94, you can print the paper form from the CBP website.

  • Show documentation of continuous lawful status (or an exemption under INA 245(k)) since arriving in the United States.

  • If your U.S. citizen or lawful permanent resident relative filed Form I-140, you'll need to fill out Form I-864, Affidavit of Support Under Section 213A of the INA. Or by a U.S. citizen relative with a 5 percent or more ownership interest in a for-profit corporation.) See the Instructions for Form I-864 for more details.
     

Note: A "Relative" is your husband, wife, father, mother, son, daughter, brother, or sister who is a U.S. citizen or lawful permanent resident.

  • Form I-693, Report of Medical Examination and Vaccination Record (may be submitted with Form I-485, by mail, or in person if requested);

  • Certified police/court documents, including a full criminal background check;

  • Application for Waiver of Grounds of Inadmissibility, Form I-601;

  • Application for Permission to Reapply for Admission to the United States After Deportation or Removal;

  • Form I-212, Application for Permission to Reapply for Admission to the United States After Deportation or Removal;

  • Proof of compliance or a 2-year foreign residency waiver under INA 212 for J-1 or J-2 nonimmigrant status papers (e). Form I-612, Request for Waiver of Rights, Privileges, Exemptions, and Immunities;

  • Form I-508, Request for Waiver of Rights, Privileges, Exemptions, and Immunities (if for A, G, or E nonimmigrant status.)

  • Interagency Record of Request – A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status (only for nonimmigrant status A, G, or NATO); and

  • Form I-485 Supplement A "Adjustment of Status Under Section 245(i)"
     

Note: Unless you are exempt or qualified for a fee waiver, you must provide the right filing fee for each form. For additional information, see USCIS' Filing Fees and Fee Schedule.

National Interest Waiver 

An NIW is a condition that must be met before the PERM or Labor Certification procedure can begin. Individuals who can demonstrate that their expertise is in the national interest of the United States qualify for an NIW. Without the help of an employer, an EB-2 candidate can get an employment-based green card.

Qualification:

  • The proposed project is both worthwhile and significant in terms of national significance.

  • The project must be substantial and influential. National significance, on the other hand, does not necessitate a national extent.

  • Be in a good position to move the planned initiative forward.

  • Waiving the prerequisites for a job offer, and thus labor certification, would be beneficial to the United States.

Note: Employment-based, second-preference petitions for Permanent Employment Certification from the Department of Labor on ETA Form 9089 normally require an accepted application. Applicants can, however, obtain a waiver of this requirement by filing a National Interest Waiver petition.

Family:

An E-21 application is used by the legal spouse of an EB-2 green card holder to remain in the United States, whereas an E-22 application is used by minor children (unmarried, under 21).

During the process, the spouse may apply for an EAD (Employment Authorization Document) to work in the United States.

How Much Does a EB1 Visa Cost?

The fee for an EB-1 visa comes to $1,045: The USCIS filing fee for Form I-140 is $700, and the Department of State visa processing fee is $345.

How Can we Support You?

We will give a variety of foreign student resources and visa services to assist you in learning everything you need to know about studying in the United States, including exploring university options, degree options, and preparing for visa interviews.

Conclusion

I hope this information was useful. Complex immigration processing can be incredibly complicated and stressful for everyone. Before filing this application, you should seek legal advice from an experienced attorney.

Immigrationservice.com can assist you and will be there for you every step of the journey. Please contact us via phone or email.