Family And Work Visa Plan Employment-based Second EB-1 visa

Employment-based First EB-1 visa

One of the best ways to migrate to the United States is by applying for a Green Card after applying for an Employment-Based visa, or EB visa. About 140,000 EB visas become available each year to those who qualify. EB visas are prioritized into five groups, with EB-1 enjoying first priority.

The EB1 Visa is designed for First Priority Workers. This refers to highly capable people with provable and extraordinary ability in the arts, athletics, business, or education; outstanding university professors or researchers; and executives or managers who have been working for three years or more in an overseas branch of a US company.      

In almost all cases, an EB visa depends on you having secured a job in the United States. The application process for an EB-1 visa begins when the prospective employer or agent petitions the Department of Labor for labor certification. If this is approved, the employer will file Form I-40 (Immigration Petition for Alien Worker) with the US Citizenship and Immigration Services (USCIS). Your EB-1 visa application process starts once this petition is approved.

The EB-1 visa category contains three sub-groups:

1. Persons with extraordinary ability in the sciences, arts, education, business, or athletics.
2. Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally.
3. Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.

How many EB-1 visas are available?

The US makes 140,000 EB visas available around October every year. These are divided among the five priority visas, EB-1 (28.6%), EB-2 (28.6%), EB-3 (28.6%), EB-4 (7.1%), and EB-5 (7.1%). These are divided equally among all countries from where EB visa applications are received, with the additional restriction that no one country may be issued more than 7% of the total number of EB visas.

Since, the country limit is irrespective of size or population, this can create inequities. EB-1 applicants from populous countries such as India or China may face a long wait as other countries swallow up their quotas, leaving too few EB-1 visas for applicants from India and China.

Who is eligible for an EB-1 visa?

EB1 Extraordinary Ability visa, also known as the EB1A or EB1EA visa, is the only EB-1 visa that allows you to petition directly on your own behalf, with the need for a US-based employer to first file for labor certification from the Department of Labor on your behalf. The EB, which is also processed much faster than the EB-2 or EB-3 categories, can be a magnet for highly accomplished and distinguished scholars, researchers, post-doctoral research fellows, PhD students and other advanced degree professionals.

However, proving extraordinary ability is not as easy as it sounds. You will have to show that you have received some major award — the Nobel Prize would do nicely — or show that you have risen to the very top of your field by providing evidence of at least 3 of the 10 requirements listed below —

1. You have received lesser nationally or internationally recognized prizes or awards for excellence.
2. You are a member of professional associations in your field which demand outstanding achievement of their members.
3. You have been written about in professional or major trade publications or other major media.
4. You have been asked to judge the work of others, either individually or on a panel.
5. You have made major, original scientific, scholarly, artistic, athletic or business-related contributions to your field.
6. You have written scholarly articles in professional or major trade publications or other major media.
7. Your work has been displayed at artistic exhibitions or showcases.
8. You have worked in leading or critical positions in distinguished organizations.
9. Your salary or remuneration is significantly higher in relation to others in your field.
10. You have had commercial successes in the performing arts.

If you can prove extraordinary ability according to the above criteria, you may file your own I-140 Immigrant Petition for Alien Worker even without having a specific job offer.

The EB1 Outstanding Researcher or Professor immigrant visa classification (also known as the EB1B, EB-1B, EB1-OR) is for you if you are migrating to the US to pursue a tenured position, tenured track teaching, or a comparable research position at a university.

If you are applying as an Outstanding Researcher for an EB1-OR visa, you will need to provide evidence of your outstanding ability as well as a permanent job offer letter and evidence of three years of teaching or research experience.

Providing evidence of meeting at least two of the six requirements listed below along with an offer of employment from the US employer is treated as sufficient evidence of your distinction.

1. You have won major prizes or awards for outstanding achievement.
2. You are a member of associations that require their members to demonstrate outstanding achievement.
3. Your academic work has been written about in professional or major trade publications or other major media.
4. You have been asked to judge the work of others in the same field as you, either individually or on a panel.
5. You have made major, original scientific or scholarly research contributions to your field.
6. You have written scholarly articles in professional or major trade publications or other major media.

Multinational Manager or Executive visa (also known as EB1C visa) is for you if you have been working as an executive or manager of a US company’s office, branch or subsidiary in another country and will be coming to the US to work in a similar capacity.

Your prospective US employer, who must have been in business for at least a year, must make you a job offer that clearly states that your position will be executive or managerial, and file a Form I-40 Immigrant Petition for Alien Worker with the USCIS. This category does not need labor certification from the Department of Labor.

How do you apply for an EB-1 visa?

Applying for the EB-1 visa is a 2-phase process unless you are applying for the EB-1EA as an individual of extraordinary ability. In all other cases, the process begins with the first phase, in which the prospective US employer petitions the Department of Labor for a certification of labor. Once this is obtained, the US employer must file a petition to the USCIS using Form I-140, Immigrant Petition for Alien Worker.

Phase 2 is all yours, and consists of all the steps you must take to apply for your EB-1 visa once the USCIS grants your immigration petition. Once 

The entire process is described step by step below.

1. Get a labor certification. Unless you are applying for an EB-1EA visa, your prospective employer will have to do this by filing the Form ETA 750 to the Department of Labor. On this form, your US employer will declare that they could not find a suitable employee in the US for this post and would like to hire a foreign worker (namely, you) instead. If labor certification is denied, your application process will end right here.
2. File Form I-140, Immigration Petition for Alien Worker. Once again, this step is the responsibility of your prospective US employer. While filing the petition, the employer must also furnish documents to show that the company is financially stable. [NOTE: As mentioned above, applicants for the EB1EA visa may file Form I-140 by themselves, and do not require either job offer. You may be asked to pay the filing fees for Form I-140, currently $700.

If the USCIS approves the petition, your prospective employer will be informed right away. Your case file will be sent to the National Visa Center (NVC) where it will be assigned a case number and invoice ID number. Once again, you will not be able to apply for an EB-1 visa if the petition fails to be approved.

3. You will receive a starter package from NVC. The NVC will notify you when they receive your petition file and when your immigration visa number is about to become available. Your case number and invoice ID number will be bundled with instructions and detailed information on how to apply and mailed to you in your home country. Keep in mind that only 140,000 EB1 visas are made available every year. The NVC will dispatch your documents only when your priority date becomes current.

What is a priority date? The priority date is the day your Form I-140 petition is received by the USCIS. This is matched against the ‘final action dates’ listed in the visa bulletin that the Department of State releases each month. When your priority date meets the EB-1 final action date for your country, your date will become ‘current’. This means that an immigrant visa number is now available and you can move onto the next step.

If you are applying from a heavily populated country such as China or India, expect a longer priority date waiting time than others.

Once you receive the package from NVC, you can start the process of applying for an EB-1 visa at your home country’s U.S Embassy or Consulate.

4. File Form D-261: This relatively simple form, which you can fill and submit online, establishes a line between you and the NVC, and will contain your contact information and any other information that would make it easy to contact you during the application process. You start the process by entering the case number you received in the NVC starter kit. Once you have submitted the form, print out a copy of the confirmation page and number. You will need it later.
5. Get your medical tests and vaccinations. The NVC package will list the medical examinations and vaccinations that you will need before entering the US. Set up appointments to get all these required medical tests and vaccinations. Remember, medical documents must be signed by a registered, licenced doctor.
6. Compile the required documents. Once the NVC approves your form D-261 and gives you a date for the visa interview, put together the required documents. These will include —

• Passport valid for more than 6 months after the planned arrival date in the US
• Visa interview appointment letter
• An approved labor certification
• An approved petition
• Confirmation page of your Form DS-261
• Medical and vaccination documents signed by a registered doctor
• 2 photographs that conform with photo requirements
• Evidence that you fit for the category you are applying for
• Letters from former employers
• Documents proving you have no court or criminal record
• Any additional supporting documents that may be required by the NVC

7. Pay the visa fee: Once the NVC has processed your DS-261, you will be required to pay the processing fee of $230. You can pay this online by entering the case number you received from the NVC to start the process.

The fee invoices will become available at the NVC’s Consular Electronic Application Center after about a week, the time it takes for the NVC to process your DS-261 payment.

7. Go for the visa interview. This final step is a crucial one and will determine whether you get the EB-1 visa. Keep in mind that one of the most common reasons for visa denial is incomplete, inaccurate, or fraudulent paperwork. If you’ve carried out all the previous steps diligently, this final step will be that much smoother.
8. Receive your immigration package from the NVC: If your EB1 visa is approved, the NVC will send you a package. Important: You are not authorized to open this package. Do not open it. Once you reach the US, present the package to the immigration officer. He is the only one authorized to open the package and determine if you are granted access to the U.S or not.

The visa officer may request additional documents at his or her discretion and these requirements may vary from country to country.

How much does an EB-1 visa cost?

There can be up to five costs on the way to getting an EB-1 visa —

DOL Labor Certification fee (employer)

USCIS Form I-140 petition filing fee (employer) – $700

Form DS-261 processing fee (employee) – $230

Medical examination fees (employee)

Fees to get supporting documents (employee)

Any translation fees from foreign language to English (employee)

Need more help?

If you still feel that you would like to have professional help in making your application or would like to consult a lawyer who specializes in immigration and visa matters, you can explore some of your options, including how to access our exclusive list of professional immigration lawyers.

If you have questions or would like clarifications, please send us an email and we’ll do our best to get back to you within 24 hours with an answer.