EB-1 Visa Process
Do you want to work in the United States as a foreign national? You may be eligible for an EB-1 preference visa. Here, an experienced immigration attorney answers the most common questions about the EB-1 visa application process.
Do I qualify for an EB-1 visa?
You could qualify for an employment-based, first-preference visa if you are a foreign national who has an extraordinary ability, is an outstanding professor or researcher, or is a certain multinational manager or executive.
Who qualifies under extraordinary ability?
You must be able to prove an extraordinary ability in the arts, education, sciences, business, or athletics through national or international acclaim.
To qualify, you must have evidence of a one-time major internationally-recognized achievement or award or 3/10 of the following categories:
- You received a lesser nationally or internationally recognized award for excellence
- You are a member in associations in your field that require outstanding achievements for entry
- Professional publications or other major media has published material about you
- You have judged others’ work, individually or on a panel
- You can provide evidence of original significant contributions to your field of expertise
- You have authored scholarly articles in a major publication or media
- Your work has been displayed at showcases or exhibits
- You have played a significant role in distinguished organizations
- You receive a high salary in your field
- You have commercial success in the performing arts
Who qualifies as an outstanding professor or researcher?
To qualify as an outstanding researcher, you must meet 2 of the following:
- You have won major awards in your field of study
- You are a member in associations in your field that require outstanding achievements for entry
- Others have published material in publications about your work or research
- You have contributed original scientific or scholarly research
- You have judged others’ work, individually or on a panel
- You have authored scholarly books or articles in your field
Who qualifies as a certain multinational manager or executive?
To qualify as a multinational manager or executive, you must have been employed in a managerial or executive capacity outside the U.S. for at least one year before your employer petitions for you. The petitioning employer must be a U.S. employer and have been doing business in the States for at least one year
Are there any other requirements for eligibility?
You do not need a labor certification for any EB-1 visa category. If you are applying under the extraordinary ability category, you do not need an offer of employment. Under the outstanding professors and researchers category, you need an offer of employment from a prospective United States employer.
The EB-1 Visa Application Process
The process depends on your visa category.
- For Extraordinary Ability applicants, you can apply for yourself by filing Form I-140.
- For outstanding professor and researcher applicants, your U.S. employer files Form I-140. Your employer must also prove their ability to pay your listed wage.
- For multinational manager or executive applications, your U.S. employer will also file Form I-140 and prove their ability to pay your listed wage.
How long does it take to get an EB-1 visa?
The processing time for an EB-1 visa depends on your visa category. For EB-1A and EB-1B visas, the processing time of I-485 forms is about 7-12 months and about 6-9 months for EB-1C visas. However, these estimated processing times are always changing. You can check the status of your application here.
Talk to the Immigration Lawyers at JAD Law
The U.S. Immigration visa application process can be lengthy and confusing, but an experienced immigration lawyer can help you navigate it. JAD Law is here to help.
Contact JAD Law today to schedule an appointment.
JAD Law serves several counties across Metro Detroit, Michigan, including Macomb, Oakland, St. Clair, and Wayne counties. JAD Law also serves counties across Northern Michigan, including Grand Traverse, Charlevoix, Benzie, Leelanau, and Antrim counties.
