Living and working in the United States is their life’s mission for many foreign nationals. These individuals seek better employment opportunities than the ones in their country of origin. Fortunately, the U.S. provides numerous work visas to accommodate these individuals, whether they want to work permanently or temporarily. Eligible individuals can work in the U.S. on a permanent basis. However, an employer in the U.S. must act as your sponsor. Different permanent worker visa categories may lead to green card ownership ranging from EB-1 to EB-5. If you’re considering applying for an employment-based visa, you should connect with a knowledgeable Essex County Employment Immigration Attorney who can help guide you through the process ahead. Please continue reading to learn the eligibility requirements for an EB-1 visa.
What is an EB-1 Visa?
The United States Citizenship and Immigration Services (USCIS) offers five visa preferences for employment-based immigration. As mentioned above, these range from Eb-1 to EB-5. The EB-1 visa is reserved for priority workers with special talents, professors and researchers, and certain managers and executives. Each year, there are about 40,000 EB-1 visas available. They are split between the following subcategories:
- EB-1A: This category is reserved for those with extraordinary ability. To qualify, you must demonstrate an extraordinary ability by having national or international acclaim in a specific field. Unlike the other subcategories, you can file a petition yourself.
- Eb-1B: This category is reserved for outstanding professors and researchers. To qualify, you must demonstrate international recognition for outstanding achievement in your academic field. In addition, you must have at least three years of experience teaching or researching and must be entering the U.S. to pursue a tenor track or a comparable position.
- EB-1C: The last subcategory is reserved for certain multinational managers and executives. To qualify, you must demonstrate you have worked for one year at the time of the application. This visa allows a foreign company to transfer managers or executives to a related U.S. company.
It’s crucial to note that you are not allowed to self-petition with the EB-1B and EB-1. The prospective U.S. employer must file a petition on your behalf.
How Do I Apply?
The first step in the EB-1 visa process is to file Form I-14o, “Immigrant Petition for Alien Worker,” along with supporting documents. This includes letters from current or former employees and a description of duties the benefit performed as evidence to qualify your status. Once USCIS approves your petition, you can adjust your status if you are already in the U.S. or apply using consular processing at the U.S. Embassy or consulate abroad. It’s crucial to note that the filing fee is $700. Also, you must attend a biometrics appointment and undergo an immigration medical exam. Next, you will attend the visa interview, in which an officer will ask you a series of questions and review your documentation to ensure your eligibility. If the application is approved, you will be granted an EB-1 visa.
For more information about employment-based visas, please don’t hesitate to contact a determined attorney from the Law Offices of Christopher T. Howell, Esq., who can help you navigate each step of this complex legal process.
