EB-1 Visa

The EB-1 is a preference category for United States employment-based permanent residency. It is intended for “priority workers”. Those are foreign nationals who either have “extraordinary abilities”, or are “outstanding professors or researchers”, and also includes “some executives and managers of foreign companies who are transferred to the US”. It allows them to remain permanently in the US.

Therefore, applicants who can demonstrate their extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim are not required to have a permanent offer of employment in the US and are eligible to self-petition, however, they must intend to work in the US in their field of expertise

EB-1 Visa Questions

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Top 10 Questions about EB-1 visa

Here are the eligibility criterias for EB-1:

The employment-based first preference immigrant visa (green card) is intended for people with an extraordinary ability, outstanding professors and researchers, and multinational managers and executives. These are the EB-1A, EB-1B, and EB-1C subcategories of the first preference EB1 green card category.

EB1 Requirements

Only qualifying EB-1A applicants may self-petition their immigrant visa, meaning they may file their own petition. EB-1B and EB-1C applicants must first have a job offer from a US employer. Then, based on the subcategory under which they fall, they must meet the specific requirements according to that subcategory.

EB-1A Extraordinary Ability

  • Persons of extraordinary ability should:
  • Possess extraordinary ability in one of the following fields: the sciences, arts, education, business, or athletics.

Be able to provide documentation demonstrating their recognitions, contributions, and accomplishments in their field.

EB-1B Outstanding Professors & Researchers

Outstanding professors and researchers should:

  • Have a minimum of 3 years teaching or research experience in their academic area.
  • Possess international reputation for their contributions and achievements in their particular academic area.
  • Be able to provide documentation demonstrating their achievements in their academic field.

EB-1C Multinational Managers or Executives

Multinational mangers or executives should:

  • Have worked for a US employer outside the US for at least one year in past 3 years prior to filing the petition.
  • Be filing the petition to continue employment with that particular US employer.
  • Have worked with the same US employer in a managerial or executive level outside the US.

Additionally, the petitioning US employer must:

  • Have been running his/her business at least for one year.

Applying for EB1 Green Card

With the exception of EB-1A applicants, only the petitioning employer may apply for EB1 green card on behalf of the employee. All applicants, both those self-petitioning in EB-1A subcategory and employers filing for EB-1B or EB-1C green card for their employees, must file Form I-140, Immigrant Petition for Alien Worker.

The EB-1 Visa also called the Einstein Visa is a preference category for the United States Permanent Residency. It is reserved for people who are highly acclaimed in their respective fields. Olympic, Oscar, Pulitzer and Nobel Prize winners may be the ideal candidates for the same. Highly respected academicians and multinational executives may also be suitable candidates.

This Visa gets its name because it was granted to Albert Einstein in 1932 enabling him to obtain American citizenship.

The eligibility requirements for the Einstein Visa are quite lofty. One must be able to demonstrate outstanding ability in their respective field through sustained national and international acclaim. The fields may be the arts, science, education, business or athletics. There must be extensive documentation of the achievement for it to be recognized. As proof, the applicant must have an outstanding onetime achievement like an Oscar Award, Pulitzer Prize or Olympic medal. If not, you need to meet at least 3 of the 10 criteria to prove extraordinary ability in your field, as per the USCIS website.

An “extraordinary” individual is one who has risen to the small top percentage of people in their field. This is proven by fulfilling the criteria for evidence outlined by the USCIS.

A major media network or publication must have published material that names you for your work. If you are simply an unnamed member of a team whose work was mentioned in a publication, it will not be highly considered.  

No, you do not need to be in the U.S. in order to petition. In fact, many EB-1A applicants petition from overseas. If you are not in the U.S., you will need to go through consular processing.        

Route 1: “Extraordinary Ability”

  • You can demonstrate extraordinary ability in your field (sciences, arts, education, business, or athletics) through sustained national or international acclaim.
  • The evidence submitted must meet at least 3 out of 10 criteria set byUSCIS , or provide evidence of a truly exceptional single achievement.

Route 2: “Outstanding Professor or Researcher”

  • You can demonstrate that you have earned international recognition for outstanding performance in your special academic field.
  • In addition, you must have minimum 3 years’ experience either in teaching or in research in the same academic area.
  • Finally, you must be seeking to enter the United States in order to pursue tenure or tenure-track teaching or to take up a research position at a university (or equivalent educational institution). Evidence must meet 2 of 6 criteria set by USCIS .

Route 3: “Multinational Executive or Manager”

  • This is open to those seeking to enter the United States in order to continue to work for an organization or business that has employed the applicant in a managerial or executive capacity outside the country for at least one of the preceding three years.
  • The petitioning employer must be a U.S. employer and must have been doing business for at least one year at the time of application.

EB-1 and EB-5 are both in the ‘employment based’ (EB) visa group. They both grant the immigrant and immediate family a Green Card or U.S. Permanent Residency. Apart from that, the visas do not have much in common.

In general terms, the EB-1C category allows international companies to transfer high-level managers or executives working abroad to their U.S. entities in order for them to assume permanent managerial or executive positions. In contrast, the EB-5 category is meant for foreign nationals who have invested or are in the process of investing capital in a new commercial enterprise in the U.S. While the purpose of an EB-1C is to allow companies to cross-fertilize and transfer business practices and commerce, the goal of the EB-5 visa is to stimulate investment and enhance job creation in the U.S. Importantly, there is no capital investment requirement for EB-1C executives, as they work for their petitioning employers, but EB-5 immigrant investors are required to invest their own money.

Yes, reference letters, or letters of recommendation, are required for the evaluating officer to not only understand your field, but also to obtain proof that you are recognized in your field. Because of this, the letters of recommendation need to be from prominent experts in your field. Letters from your peers or close colleagues may not count unless they are distinguished experts. It also helps if the author of the letter is uniquely acquainted with your work or research to give the officer a better idea of your qualifications.

Employment-based green cards are valid for a period of ten years. At the end of the validation period, you will need to apply to renew your EB-1. As long as you have maintained your status (e.g. you are still working in your field, you have not committed any crimes, etc.), you should not have a problem renewing your green card.

In almost all circumstances, you will have the opportunity to re-file with the USCIS. If you have filed your case either by yourself or with a different attorney, you may want to consider finding a new avenue for filing. If you obtain new evidence or had a simple mistake in your petition that resulted in rejection, re-filing may be the first move that you make.

If the denial was due to a more serious issue such as a lack of qualifications or a criminal history, simply re-filing will most likely only result in a second denial. In this case, new evidence of a change of circumstances would be required.

Real Estate Law

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