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USA
August 8, 2024

The Complete U.S. EB-1 Visa Guide: Benefits, Conditions and Application

The EB-1 visa is a U.S. employment-based immigration visa granted to individuals with extraordinary abilities in science, arts, education, business, or athletics.

Advantages of the EB-1 visa

The primary advantage of the EB-1 visa is that it offers a fast track to obtaining a green card (permanent residency), allowing you to apply for U.S. citizenship after five years of residency. You can file for your green card immediately upon arriving in the U.S.

But that’s just the start. Here are some other significant advantages:

  • No employer sponsorship needed
    Unlike the non-immigrant O-1 visa or the standard H-1B work visa, the EB-1 doesn’t require you to have a job offer in the U.S. There’s also no educational qualification requirement. You can start your own business or work as an employee.
  • No labor certification
    You don’t need to obtain labor certification from the U.S. Department of Labor, which verifies that no U.S. citizen could fill your position. This certification process can be lengthy, often delaying visa approval by up to a year.
  • No need to prove national interest
    Unlike the EB-2NIW (National Interest Waiver) visa, you don’t have to demonstrate that your work aligns with U.S. national interests or will significantly benefit the U.S. economy.
  • No waiting list or lottery
    As a first-preference visa, the EB-1 is highly prioritized. According to recent visa bulletins, you can typically get it right after your petition is approved. Plus, there's an option for premium processing, which expedites the review process to 15 days for an additional fee.
  • No investment requirement
    Unlike the EB-5 visa, which requires an investment of $1.8 million in a new U.S. company, the EB-1 has no investment requirement.
  • Green cards for family members
    Your spouse and children under 21 can obtain green cards, allowing them to live, study, and work in the U.S., with the option to apply for citizenship after five years. In contrast, the O-1 visa grants family members O-3 visas, which do not permit employment and do not lead to citizenship.
  • Eligibility to apply from inside or outside the U.S.
    You can apply for the EB-1 visa whether you’re currently in the U.S. or abroad. Unlike the O-1 visa, which is temporary and typically limited to three years, the EB-1 visa sets you on a direct path to U.S. citizenship after five years of residency.

EB-1 visa categories

The EB-1 visa has three subcategories based on the applicant’s field of work and purpose for relocating to the U.S.:

  • EB-1A (Extraordinary ability)
    for individuals with internationally recognized extraordinary achievements in science, business, athletics, arts, or education.
  • EB-1B (Outstanding professors and researchers)
    for researchers and professors with notable achievements in their field, recognized at an international level, who are moving to the U.S. to pursue academic work or research.
  • EB-1C (Certain multinational managers or executives)
    for top-level executives and managers of international companies relocating to work in their company’s U.S. branch.

 

Who can apply for an EB-1A visa?

The range of professions eligible for the EB-1A is extensive, from software engineers, IT specialists, UX/UI designers, product managers, CEOs, and startup founders to producers, athletes, and models.

To qualify, you must meet at least three of ten criteria:


1. Awards

You’ve received prizes, awards, or international or national recognitions for your exceptional achievements.

2. Membership in associations

You’re a member of a professional association where membership is only granted based on outstanding accomplishments in your field.


3. Published material about you in media

Articles or interviews highlighting your success have been published in specialized or general media outlets.


4. Judging

You’ve served as a judge or expert panelist at significant national or international events related to your professional field.


5. Original contributions

You’ve made unique contributions to your field, resulting in significant outcomes documented in patents, published research, or projects where your innovative technology was first used.


6. Аuthorship of scholarly articles

 You’ve published articles in academic or professional journals or other major media.


7. Employment in a critical or essential capacity

You’ve held a leading or critical role in a company or organization with an outstanding reputation.


8. High salary

You’ve earned an income or received compensation significantly above the average in your field.


9. Commercial successes in the performing arts

Your work or artistic endeavors have achieved significant success, bringing substantial revenue to you and the companies you work with.


10. Exhibitions

Your work has been showcased in exhibitions, shows, or displays.

Final Merits

Beyond meeting three of the ten criteria, your EB-1 application must also pass the Final Merits Determination. During this stage, a USCIS officer reviews all submitted evidence to determine if your achievements and recognition are truly exceptional and have been sustained over time at a national or international level. This means that in addition to primary evidence, supplementary materials like articles in lesser-known media, additional letters of recommendation, and other achievements that may not fit the main criteria but still highlight your uniqueness and contributions to your field may be considered.

STEM Fields

The U.S. pays special attention to applicants from STEM (Science, Technology, Engineering, Mathematics) fields when granting the EB-1 visa. The list of STEM-specialties  published by the U.S. Department of Homeland Security is extensive, including pharmacologists, biomathematicians, toxicologists, environmental scientists, and many others.

Immigration Attorney

Working with an immigration attorney significantly boosts your chances of successfully obtaining the EB-1 visa. Attorneys can help you craft the best strategy for your visa case, provide legal advice, and prepare the cover letter for your application, which is a key document in the case. Their expertise can help you avoid mistakes and greatly increase the likelihood of your visa being approved.

How can Relogate be of help?

We offer comprehensive support for obtaining the EB-1 visa:

  • Provide the top immigration attorneys and determine visa case strategy.
  • Prepare letters of recommendation, portfolios, and all necessary documents.
  • Improve your public profile through media publications and participation in significant events.

We can also help you prepare individual documents.

If you receive a Request for Evidence (RFE), our team and immigration lawyers will help you respond quickly with the necessary information. In case of a denial, we’ll support you through the appeal process, leveraging our experience and the expertise of immigration lawyers.

Discover your eligibility or schedule a free consultation with our team to learn more about theEB-1 visa!

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