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An EB-1 visa is for outstanding professors, researchers, people with extraordinary abilities in arts, science, business, athletics, or executive managers.
An EB-1 visa is for outstanding professors, researchers, people with extraordinary abilities in arts, science, business, athletics, or executive managers. Contact EB-1 visa lawyer Today.
What Is The EB-1 Visa?
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Who Can Apply For The EB-1 Visa?
Based on the various achievements that people can have, the US government has divided the EB-1 visa into three sub-categories:
Applications for EB1 visas have multiple steps which involve both the employer and the foreign employee. The application process has two parts:
If you are applying based on Extraordinary Abilities, you do not need to have an employer file a petition, but you can file one yourself. For the Professor/Researcher and Multinational Manager EB-1 visas, you must have an employer file the petition for you.
Employers in the United States must obtain a labor certification from the U.S. Department of Labor before hiring a foreign worker. This is accomplished by filing DOL Form ETA 750. By submitting this form, the U.S. employer certifies that they have attempted to fill the position with a U.S. worker but have been unsuccessful and that the foreign worker will be paid the prevailing wage.
The DOL processes the form and notifies the employer and employee of its decision. If the certification is approved, the U.S. employer can proceed to the next step, but the foreign worker can’t obtain an EB1 visa if it is denied.
The employer must submit a petition to US Citizenship and Immigration Services in addition to the labor certification. This is accomplished by submitting Form I-140. Additionally, the employer must include financial statements, audits, and tax returns to demonstrate the company’s financial stability. As the Extraordinary Ability EB-1 visa applicant, you can file the petition with USCIS and pay the fee.
USCIS will review the petition and notify the employer of its disposition. If accepted, the case will be transmitted to the National Visa Center (NVC). If denied, an American employer can’t hire a foreign worker.
When a case is submitted to the NVC, a case number and invoice ID number are assigned. These documents will be included in the application instructions package sent to foreign employees in their home country. As there is a limit on EB-1 visas, the NVC will only send this package once the applicant’s priority date becomes current.
The applicant or foreign worker must complete this form which serves as an application for the EB-1 visa. The US Embassy or Consulate will process the form they are applying for.
In the NVC application packet, there will also be requirements regarding medical examinations and vaccinations. The applicant must visit a licensed physician for document completion and signature.
After the NVC approves your Form DS-260, you must send the supporting documents for your case.
To apply for an EB-1 Visa, you must provide the following documents to your application file:
Your passport must be valid for more than six months after your intended departure to the US.
Your employment offer from the US employer.
The approved labor certification.
The approved petition.
Your DS-260 confirmation page.
Your signed medical and vaccine documents.
Two photographs meeting the requirements for a US visa photo.
Proof that you meet the criteria for the category you are applying.
Letters from previous employers.
Court and criminal records.
The NVC might require other supporting documents depending on the case, so you must follow their instructions carefully.
If there are no further requirements, the NVC will schedule an interview for you at the US Embassy you are applying from after reviewing your application and supporting documents. Attend the interview and respond as precisely as possible to questions about your background and other information. The interviewer will make the final determination regarding whether or not to grant you an EB-1 visa.
If your EB-1 visa is approved, you will receive a package from the NVC. You must not open this package under any circumstances. Take it with you when you travel to the US and give it to an immigration officer at a US port of entry. Only they are allowed to open it and decide whether you should be allowed to enter the country or not.
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