Acclaim visa card application

An EB-1 visa is a type of employment-based, first-preference visa for certain individuals with extraordinary ability in the sciences, arts, education, business, or athletics, as well as for outstanding professors and researchers, and for multinational executives and managers. These individuals must have a significant record of accomplishment and be able to demonstrate sustained national or international acclaim in their field. The EB-1 visa process typically involves an employer sponsoring the individual and a significant amount of documentation and evidence to demonstrate the individual’s qualifications.

Who Qualifies for EB1 Visa?

There are three subcategories of EB-1 visas: EB-1A for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, EB-1B for outstanding professors and researchers, and EB-1C for multinational executives and managers.

To qualify for an EB-1A visa, an individual must be able to demonstrate sustained national or international acclaim and recognition in their field through a combination of at least three of the following:

receipt of major internationally recognized awards or prizes
membership in associations that require outstanding achievement
published material about the individual in professional or major trade publications or other major media
participation as a judge of the work of others in the same or an allied field
original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
authorship of scholarly articles in professional or major trade publications or other major media
display of the individual’s work in artistic exhibitions or showcases
performance in a leading or critical role for organizations or establishments that have a distinguished reputation
command of a high salary or other significantly high remuneration in relation to others in the field
commercial successes in the performing arts

To qualify for an EB-1B visa, an individual must have an international reputation as an outstanding professor or researcher and at least three years of experience in teaching or research in the field. Additionally, the individual must have a job offer and the employer must be able to demonstrate that they are unable to find a qualified U.S. worker for the position.

How to Apply for EB1 Visa?

To apply for an EB-1 visa, the first step is to obtain a job offer from a U.S. employer. The employer will then need to initiate the process by filing a Labor Certification Application (LCA) with the U.S. Department of Labor (DOL) and obtaining an approved LCA before filing an I-140 Immigrant Petition for Alien Worker with the U.S. Citizenship and Immigration Services (USCIS). The I-140 petition must include extensive documentation and evidence to support the individual’s qualifications for the EB-1 visa.

Once the I-140 petition is approved, the individual can then proceed with the next step of the process which is to file an I-485 Application to Register Permanent Residence or Adjust Status. If the individual is currently in the U.S. and eligible to file the I-485, the individual can file both the I-140 and the I-485 together. If the individual is outside the U.S. the individual will need to go through Consular Processing.

The EB-1 visa process can be time-consuming and complex, and it is important to have the assistance of an experienced immigration attorney to ensure that all necessary documentation and evidence are included with the petition and that the application is properly prepared and filed.

It’s also important to note that there are also fees associated with the EB-1 visa application process which include the I-140 and I-485 fees, and the fees for the medical examination and any dependents.

What is the EB1 Visa Interview Process?

The EB-1 visa interview process will vary depending on whether the individual is applying through consular processing or adjusting status within the United States.

For consular processing, the individual will have an interview at a U.S. consulate or embassy after the I-140 petition is approved by USCIS. The individual will need to bring all required documentation to the interview, including the approved I-140 petition, a valid passport, and any other required documents. The consular officer will review the individual’s qualifications and documentation, and may ask questions about the individual’s background, education, work experience, and the job offer in the U.S. The consular officer will also verify the authenticity of the documents submitted.

For those applying for adjustment of status, the individual will have an interview with a USCIS officer after the I-485 application is filed. The interview will usually take place at a local USCIS office. The individual will need to bring all required documentation to the interview, including the approved I-140 petition, any required evidence, a valid passport, and any other required documents. The USCIS officer will review the individual’s qualifications and documentation, and may ask questions about the individual’s background, education, work experience, and the job offer in the U.S. The USCIS officer will also verify the authenticity of the documents submitted.

What are the Required Documents for EB1 Visa?

The required documents for an EB-1 visa will vary depending on which subcategory the individual is applying under (EB-1A, EB-1B, or EB-1C). However, some common documents that may be required for all subcategories include:

Approved I-140 petition: This is the form that the employer must file with USCIS to sponsor the individual for an EB-1 visa.
Job offer letter: This should include the job title, duties, salary, and the employer’s contact information.
Educational and professional qualifications: This may include diplomas, degrees, certificates, transcripts, and any other relevant qualifications.
Evidence of extraordinary ability or outstanding achievement: This will vary depending on the subcategory, but could include awards, publications, patents, or other accomplishments that demonstrate the individual’s qualifications.
Proof of salary or compensation: This could include pay stubs, tax returns, or other financial documents that demonstrate the individual’s current salary or compensation.
Proof of experience: This could include resumes, CVs, or other documentation that demonstrates the individual’s work experience.
Proof of any licenses or certifications required for the job
Proof of any language proficiency required for the job
Passport: A valid passport is required to travel to the United States
Two passport-style photographs
Any other document that the U.S. Citizenship and Immigration Services (USCIS) or the U.S. Consulate may require

What is the EB1 Visa Fee?

The EB-1 visa fee is a combination of various fees that are required to be paid at different stages of the EB-1 visa process. These fees include:

I-140 Immigrant Petition for Alien Worker fee: As of 2021, this fee is $700 for most EB-1 petitions.
I-485 Application to Register Permanent Residence or Adjust Status fee: As of 2021, this fee is $1,760 for most EB-1 petitions.
Medical examination fee: This fee will vary depending on the location and the doctor conducting the examination.
Biometrics fee: As of 2021, this fee is $85 for most EB-1 petitions.
Affidavit of Support fee: An employer or a relative who is a U.S. citizen or permanent resident may be required to file an Affidavit of Support (Form I-864) on the applicant’s behalf. The fee is $120.
Any additional fees that may be required by the U.S. consulate or embassy if the individual is applying through consular processing.

It’s important to note that these fees are subject to change, and the current fees can be found on the U.S. Citizenship and Immigration Services (USCIS) website. It’s also important to note that the fees are non-refundable, meaning that even if the application is denied, the fees will not be refunded.

What is the EB1 Visa Processing Time?

The EB-1 visa processing time can vary depending on the individual’s circumstances, the workload of the U.S. Citizenship and Immigration Services (USCIS), and the U.S. consulate or embassy.

The processing time for the EB-1 visa varies depending on the category. For EB-1A, EB-1B and EB-1C cases filed under regular processing, the current processing time for the I-140 petition is around 6 to 12 months. For I-485, the processing time for EB-1A and EB-1B is around 7 to 12 months, and for EB-1C is around 6 to 9 months.

EB1 Visa Frequently Asked Questions

Here are some frequently asked questions regarding the EB-1 visa process:

What is the EB-1 visa?
A: The EB-1 visa is a type of employment-based, first-preference visa for certain individuals with extraordinary ability in the sciences, arts, education, business, or athletics, as well as for outstanding professors and researchers, and for multinational executives and managers.
Who qualifies for an EB-1 visa?
A: Individuals who have a significant record of accomplishment and are able to demonstrate sustained national or international acclaim in their field may qualify for an EB-1 visa. There are three subcategories of EB-1 visas: EB-1A for individuals with extraordinary ability, EB-1B for outstanding professors and researchers, and EB-1C for multinational executives and managers.
What is the EB-1 visa application process like?
A: The EB-1 visa process typically involves an employer sponsoring the individual, and a significant amount of documentation and evidence to demonstrate the individual’s qualifications. The process includes: obtaining a job offer, filing a Labor Certification Application (LCA) with the U.S. Department of Labor (DOL), filing an I-140 Immigrant Petition for Alien Worker with the U.S. Citizenship and Immigration Services (USCIS), and filing an I-485 Application to Register Permanent Residence or Adjust Status.
What are the required documents for an EB-1 visa?
A: The required documents for an EB-1 visa will vary depending on which subcategory the individual is applying under (EB-1A, EB-1B, or EB-1C). However, some common documents that may be required include: approved I-140 petition, job offer letter, educational and professional qualifications, evidence of extraordinary ability or outstanding achievement, proof of salary or compensation, proof of experience, passport, two passport-style photographs, and any other document that the USCIS or the U.S. consulate may require.
What is the EB-1 visa fee?
A: The EB-1 visa fee is a combination of various fees that are required to be paid at different stages of the EB-1 visa process. These fees include: I-140 Immigrant Petition for Alien Worker fee, I-485 Application to Register Permanent Residence or Adjust Status fee, medical examination fee, biometrics fee, Affidavit of Support fee, and any additional fees that may be required by the U.S. consulate or embassy.
How long does it take to get an EB-1 visa?
A: The EB-1 visa processing time can vary depending on the individual’s circumstances, the workload of the U.S. Citizenship and Immigration Services (USCIS), and the U.S. consulate or embassy. It is advisable to check the USCIS website for current processing times.
Can I bring my family with me on an EB-1 visa?
A: Yes, individuals with EB-1 visa are eligible to bring their spouse and unmarried children under 21 years of age as dependents. They can apply for a derivative visa (E21, E22)
Can I change my job after getting an EB-1 visa?
A: Yes, you may change your job after getting an EB-1 visa. However, you will need to inform the U.S. Citizenship and Immigration Services (USCIS) of any changes in your employment status and your employer should file a new I-140 petition with the updated information.
Can I travel outside of the U.S. while my EB-1 visa is pending?
A: If you are applying for adjustment of status, you may be able to travel.