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EB-1 Visa

EB-1 Visa permits permanent residency to non US resident people who are outstanding researchers or professors, have extraordinary abilities or are executives and managers of foreign companies transferred from their place to US. It comes under most preferable category of US Employment based Permanent residency. Eligibility criteria and requirement for every occupational category is different based on their abilities and work. Three types of categories are divided that have to meet certain requirements to qualify for Visa.

Eligibility Criteria/Requirement for EB-1 Visa

People seeking for EB-1 visa have to fulfill some conditions that are necessary and set by USCIS. Law of US has imposed some rules and regulations for getting permanent residency in state. People belonging to three categories - “Extraordinary Ability”, Outstanding professors and researchers”, and “Multinational Executives and Managers” can apply for EB-1 Visa.

Requirements for EB-1 Visa under three categories are given below:

Extraordinary Ability category

Candidates having extraordinary abilities in Arts, Science, education, business or athletics can apply under this category. Green card application for extraordinary ability under EB-1 category is known as EB1A. This application allows person to file petition himself/herself without any US employer to become sponsor. Law of US states that for making application of EB1A, applicant must won an international award and must meet 3 out of 10 requirements given below to prove their extraordinary achievement in field by showing the evidence of:

  • Published material about the applicant in major media.
  • Original contribution of major significance in field of science, Arts, Athletics or business.
  • receipt of award of excellence in field
  • Membership of associations only having members with extraordinary achievements.
  • Judging other’s work individually or in a panel
  • commercial success in performing arts
  • Authorship of scholarly articles in professional publications or other major media.
  • Work displayed in artistic exhibitions showcases.
  • High performance in critical role or leading in different organizations
  • High salary in relation to others in that particular field

Outstanding Professors and Researchers Category

EB1 Outstanding Professors and Researchers Visa application is also known as EB1B. Petitioner should file I-140 form and supporting documents including evidence of outstanding ability, permanent Job offer and three years of teaching or research experience. The qualification of petitioner must follow 2 out of six criteria requirements given below

 

  • Evidence of membership in the associations that require outstanding achievement for membership.
  • Evidence of contribution in field of research and teaching.
  • Evidence of authorship of scholarly articles or books
  • Evidence of receipt of awards for outstanding achievement.
  • Evidence of participation in Judgment of other’s work either in panel or individually.
  • Evidence of published material about work of applicant in media by others.

Multinational Manager and Executive Category

Employer can transfer the Manager or executive from abroad to US with the help of EB-1 Visa. A qualifying relationship is required between foreign and US Employer. A qualifying relationship will established if petitioner shows that US and foreign employers are same or related as parent or subsidiary. Some requirements to be fulfilled for qualifying EB-1 Visa are

  • Employer of Petitioner must be US Employer
  • Applicant must be employed in managerial or executive positions.
  • Employer must be doing business for at least one year as subsidiary, affiliate that employed the beneficiary in abroad.

Applying for EB-1 Visa

Extraordinary Ability: You may apply for yourself by filing petition under form I-140.

Outstanding professors and Researchers: Your employer has to file petition under form I-140

Multinational Manager and Executive: Your employer must file petition with form I-140 under USCIS

We will help you in resolving any kind of situation that can occur during filing petition. Our lawyers are well known with rules of EB-1 Visa application. They will assist you 24X7 whenever you need their help.