EB 1B Visa Explained

EB 1B Visa
Explained

What is EB 1B visa?

Outstanding Professor or Researcher.

EB-1 Foreign nationals who demonstrate outstanding talent in their profession, whether the sciences, the arts, education, business, or athletics, can apply for a Visa, which is an employment-based green card. "Sustained national or international acclaim" is evidence that something is outstanding.

EB-1B Requirements for Outstanding Professor or Researcher

  • Be looking to come to the United States to work as a tenured or tenure-track professor or researcher at a university or similar educational institution.

  • You can show that you have received international distinction for great academic accomplishment in your field.

  • You must also have at least three years of experience in either teaching or research in the same academic field.

  • Finally, you must be attempting to enter the United States in order to pursue tenure or tenure-track teaching or a university research employment (or equivalent educational institution). The evidence must meet two of the six USCIS criteria.
     

Professors and Researchers of Note: On your behalf, your employer must complete Form I-140, Petition for Alien Worker. The employer must continuously demonstrate their ability to pay the provided wage in accordance with the priority date.

Benefits of an EB-1B Green Card

The EB-1b visa is regarded as a highly attractive Green Card because of the following reasons:

  1.  The priority dates for EB-1 visas are "current," which means the wait time is likely to be much shorter than for other Green Cards.

  2. Going through the PERM process is also unnecessary (where the Department of Labor would need to establish that existing U.S.-based workers could fill the same position).

  3. The green card holder's spouse and any minor children may be eligible for entry to the United States under E-14 or E-15 immigrant status.
     

Note: Because of these factors, EB-1b visa applications are scrutinized closely and are among the most difficult to get.

EB-1B 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.

1.Winning honors or awards for excellence that are recognized nationally or internationally.
2. Membership in one or more associations that require exceptional success as a prerequisite for field membership.
3. Proof of content about the recipient that has been published in professional or large trade magazines, as well as other important media.
4. Proof of an invitation to judge the work of others, whether as an individual or as part of a group of experts.
5. Demonstration of significant original scientific, scholarly, or business contributions to the field.
6. Authorship of scholarly publications or essays in the field (in academic journals with international circulation).
7. Demonstrated success in a leadership or important function in a reputable organization.

8. Evidence of commanding a high wage (or other significantly higher remuneration) in comparison to others in the field.
9. Published content concerning the beneficiary's academic work in professional periodicals produced by others.
10. Contributions to original scientific or scholarly research in the field.
 

Note: We usually suggest gathering references from 10 impartial experts who can verify the information by demonstrating that any publications or citations are relevant and meet the basic requirements. OnlineVisas has a lot of expertise locating relevant and trustworthy expert references for EB-1b petitions.
 

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:

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

  • Form I-797, Approval or Receipt Notice for Form I-140, filed on your behalf (unless you are 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 (unless filing Form I-485 with Form I-140 or adjusting status based on a National Interest Waiver or as an alien of extraordinary

Note: You can print the paper version of Form I-94 from the CBP website if CBP provides you with an electronic version.

  • 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 someone who is your husband, wife, father, mother, son, daughter, brother, or sister and is a U.S. citizen or lawful permanent resident.

1. Form I-693, Report of Medical Examination and Vaccination Record (may be submitted with Form I-485, by mail, or in person if requested);
2. Certified police/court documents, including a full criminal background check;
3. Application for Waiver of Grounds of Inadmissibility, Form I-601;
4. Application for Permission to Reapply for Admission to the United States Following Deportation or Removal (Form I-212);

1. Proof of compliance or a 2-year foreign residency waiver under INA 212 for J-1 or J-2 nonimmigrant status papers (e). Application for Waiver of the Foreign Residence Requirement (Form I-612);
2. 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.)
3. Form-566 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 4. 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.

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All P1 Visa applicants must provide a standard set of documentation to assess whether or not they are qualified for the visa. A contract with a team or sports league in the United States is required. A contract offered in an individual sport can also be used. You will also require at least two of the following documents:

  • Proof that you will take part in a big US sporting event

  • Proof of the team's or athlete's high position, particularly if the sport has an international ranking system.

  • Evidence that you will play for a national team at an international level.

  • Proof that you or the team you're on has won an award or gotten a notable recognition in the sport.

  • Proof of participation in a previous competition for a US university or college.

  • A written statement from an expert or a member of the sports media demonstrating that you and your team are internationally known.

You'll need separate evidence to confirm your eligibility for this Visa if you're a part of an entertainment group. You will be requested to provide a statement that lists all members of the group or team, as well as the dates they were employed. There must also be documentation that the group has been in existence for at least one year. Not to mention, you'll need proof of any nominations or awards the group has received in this category.

You will also require at least three of the following documents:

  • Trade journals, testimonials, newspapers, publications, and other sources of evidence that the organization or team will continue their work.

  • Proof that in compared to other teams in the same business, the group requests a high premium for their services.

  • Newspapers, periodicals, and other sources of proof of the group's international recognition.

  • Evidence of the team's success in previous events, such as receipts, video sales, or anything else of the type.

  • Proof of anyone in the group receiving particular recognition or awards from government agencies, groups, experts, or critics.

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.

P1 Visa Processing Time?

The applicant will have to wait 3 to 6 months after submitting the visa application. Premium processing is available in some cases, and you can obtain it more faster, but you will have to pay for it. After 15 days, you will receive a response. However, the charge is more than $1,225.

Are there any alternatives to a P1 Visa?

If you are not a professional athlete and are not qualified for a P1 Visa, you can apply for an H-2B Visa. If you don't have enough achievements for a P1 visa, the H-2B visa will suffice. In addition, while P1 Visas are not available for amateur athletes, a B-2 Visa will allow them to go to the United States for amateur tournaments.

Is it Possible for a P1 Visa Holder to Apply for a Green Card?

The ability to transition from a P1 Visa to a Green Card is contingent on the circumstances. Because the P1 Visa is only for temporary stay, it would normally be quite difficult. When you apply for a P Visa, you are essentially agreeing to return at the end of the term.

 

However, if you marry and start a family in the United States, you can apply for a Green Card for permanent residence. It's also conceivable if you switch to an H-1B visa status.

 

Being a high-performing athlete with exceptional talents will also help you get a Green Card. You'll be able to apply for either an EB-1 or EB-2 Green Card.

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.