The EB1 visa is the first employment based preference allowing priority workers to gain permanent residence in the US. There is an annual cap on the number of EB1 visas issued each year.
Eligibility
To be eligible, you must be:
- An alien of extraordinary ability or
- An outstanding professors and researchers or
- A multinational managers and executives
An alien of extraordinary ability is one who has sustained national or international acclaim for his or her field of expertise seeking to enter the United States for the purpose of continuing work in that field.
To apply as an outstanding professor or researcher, you must have at least three years of experience in teaching or research in the academic area and must be recognized internationally as outstanding.
To apply as a manager or an executive, you must:
- Have been employed for at least 1 year in the 3 years preceding the application in United States by the same multinational firm or business entity;
- Intend to continue the employment with the employer in the same managerial or executive capacity;
Your employer must have been in business in America for at least 1 year prior to filing the petition.
Application
The application for an EB-1 visa must be made on Form 1-140. Your employer must submit the completed Form I-140 along with a fee of $470 and documents indicating your eligibility to the USCIS office having jurisdiction over the place in the United States where you will work. No labor certification is necessary for an EB-1 visa. Aliens with extraordinary ability can self file for an EB-1 visa.
Processing
Incomplete Form I-140 will be returned. The USCIS may contact you for additional information and will notify you in writing about its decision on your petition. If your petition is approved, you will be issued an EB-1 visa. Since there is a numerical cap on the number of EB-1 visas you must wait until your priority date becomes present. Your priority date is the date on which the USCIS receives your Form I-140. When your priority date becomes present, if you are in the US, you can apply for adjustment of status. If you are outside the US, you can visit the US Embassy or Consulate and apply for the visa.
Getting Legal Help
Consult with an experienced US immigration attorney if you want to apply for an EB-1 immigrant visa. The attorney can study your case and let you know if you are eligible and assist you with the filing of your I-140 petition.
