EB-1 visa

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The EB-1 visa is an employment-based immigrant visa category in the United States for highly skilled or exceptional individuals. It is divided into three subcategories:

  1. EB-1A (Alien of Extraordinary Ability):
    • This subcategory is for individuals who have demonstrated extraordinary ability in their field, such as science, arts, education, business, or athletics. The applicant must provide evidence of sustained national or international acclaim and recognition in their field. No job offer or labor certification is required, but the applicant must continue working in their area of expertise in the U.S.
  2. EB-1B (Outstanding Professors and Researchers):
    • This subcategory is for outstanding professors and researchers who are internationally recognized in their academic field. The applicant must have at least three years of experience in teaching or research and must be seeking to enter the U.S. to pursue tenure or a comparable research position at a university or other institution of higher education. A job offer is required, but labor certification is not.
  3. EB-1C (Multinational Managers or Executives):
    • This subcategory is for executives or managers who have been employed for at least one year by a firm or corporation and are being transferred to the U.S. to work in a managerial or executive capacity. The petitioning employer must be a U.S. employer, and the applicant must have been employed in a managerial or executive position by a related company abroad. A job offer is required, but labor certification is not.

Benefits of the EB-1 Visa:

  • It generally has a faster processing time compared to other employment-based visas.
  • No labor certification is required for any of the EB-1 subcategories.
  • It allows for permanent residence (a green card) in the United States for the applicant and their immediate family members (spouse and unmarried children under 21).

Application Process:

  • Form I-140: The employer (or the applicant in the case of EB-1A) files Form I-140, Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).
  • Adjustment of Status or Consular Processing: Once the I-140 is approved, the applicant can either file for Adjustment of Status if they are in the U.S. (Form I-485) or go through consular processing if they are outside the U.S.

The EB-1 visa is highly sought after due to its relatively quicker path to a green card and the absence of the labor certification requirement.

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