How to Apply for an EB-1 Visa?
These are the steps to get an EB-1 Visa Green Card through employment immigration.
- Secure an EB1 Visa sponsorship from a U.S. employer. EB-1A Visa applicants do not need employer sponsorship to petition for an employment Green Card.
- File Form I-140, Immigrant Petition for Alien Worker to the USCIS.
- Get your Green Card.
- Go through Consular Processing by accomplishing DS-260, Immigrant Visa Electronic Application if you are outside the US.
- File an Adjustment of Status with Form I-485, Application to Register Permanent Residence if you are within the US.
How Long is the Process of EB-1 Visa?
The average EB1 Green Card processing time is 6-8 months. This average EB 1 processing time is applicable as long as the priority dates for the EB1 Visa for your country are “current”. You could check the Visa Appointment Wait Times in your US embassy or consulate if you are going through consular processing.
How Long Does it Take to be Approved for an EB-1 Visa?
The application for an EB-1 Visa is quicker compared to other immigration visas with an average of 6-8 months of processing time. The optional premium processing shortens the USCIS processing of EB1A and EB1B Visas to 15 calendar days. The USCIS announced on September 15, 2022 that EB1C Visa applicants can file Form I-907, Request for Premium Processing Service if their petitions were received on or before January 1, 2022. The premium processing fee for EB-1 Visa is $2,500.
What are the Requirements for an EB-1 Visa?
These are the documents required from you and your employer to meet the EB1 Visa requirements.
- Valid passport.
- Two valid US Visa photos.
- Job offer from your US employer.
- Letters from previous employers.
- Approved Form I-140.
- Form DS-260 confirmation page if applying outside the US.
- Evidence of your qualifications for the EB-1 Visa such as your awards, publications, association memberships, or your company’s organizational chart.
- Government-issued identity document with your photo.
- Birth certificate.
- Signed medical and vaccine documents.
- Court and criminal records, if any.
How Long Can I Stay on an EB-1 Visa?
The EB-1 Visa is valid for 10 years. You can renew your EB1 Green Card indefinitely to maintain your status as a lawful permanent resident.
What are the Interview Questions of EB-1 Visa?
Your visa interview for the EB-1 Visa will be centered on establishing the authenticity of your qualifications, the information you provided in your forms, and the supporting evidence of your eligibility for the EB1 Green Card. Here are 5 examples of EB1 Green Card Interview Questions & Answers.
- Who are you going to work for? You should mention your US sponsoring employer and know the details such as the organizational structure, services or goods offered, or location in the US of your petitioning company.
- What is your educational background? State your educational attainment and be ready with proof of your credentials.
- How much will you be paid for your job? You need to demonstrate that you have commanded or will command a high remuneration for your services to be eligible for the EB1 Visa.
- What are your job duties and responsibilities? Mention your roles and responsibilities as stated in your job offer.
- Who will be traveling with you to the US? Be honest if you will be coming to the US with your qualified dependents.
What are the Countries that Can Apply for an EB-1 Visa?
China, Iran, South Korea, Brazil, and France were among the top countries with the most EB-1 Visas granted to their applicants in FY 2021 according to the Report of the Visa Office 2021 by the U.S. Department of State (DOS). Applicants from any country can apply for the EB1 Visa as long as they meet the requirements of the Extraordinary Ability Green Card.
What are the Differences Between EB-1 Visa and EB-2 Visa?
The EB-1 Visa and EB-2 Visa are both under the employment-based immigration classification that grants permanent residence to qualified applicants. The EB-2 Visa is the second-preference employment immigration visa for persons with advanced degrees or exceptional ability. Here we have the main differences between the EB-1 vs. EB-2 Visas.
- Eligibility. The EB-1 Visa requires applicants to demonstrate extraordinary ability through outstanding achievements and national or international recognition. The EB-1 Visa has lesser eligibility standards which include an advanced degree and at least 5 years of progressive post-baccalaureate work experience.
- Priority dates. The priority dates for all countries remain “current” for the EB1 Visa. EB2 Visa applicants from China and India are experiencing backlogs in their EB2 Green Card applications.
- National Interest Waiver. EB1A Visa applicants can self-petition for the EB-1 Green Card without a sponsoring employer and labor certification. EB-2 Visa applicants must first obtain a National Interest Waiver to skip the labor certification stage for the EB2 Visa. The National Interest Waiver is granted to individuals who are able to prove that the waiving of the labor certification benefits the US.
What are the Differences Between EB-1 Visa and Green Card?
The EB-1 Visa is a specific category of Green Card obtained through employment immigration. A Green Card (Permanent Resident Card) is a document that shows that a foreign citizen is allowed to reside in the U.S. indefinitely. The main difference between the EB1 Visa and US Green Card is in the eligibility for these visas. The EB-1 Visa is only for persons with extraordinary ability, outstanding professors and researchers, and multinational managers and executives. Green Card eligibility depends on the immigration category applied for. Green Card eligibility includes immediate family members of US citizens or permanent residents, special immigrants, refugees or asylees, and victims of abuse, trafficking, and crime.
Can the Spouse Work Under EB-1?
Yes, your dependent spouse can work legally in the U.S. if you hold an EB1 Visa. Your dependent spouse and minor unmarried children can come with you as Green Card holders with an approved EB-1 Visa.
Can I Obtain EB-1 Visa Despite Having a Criminal Record?
You have to go through additional steps to obtain an EB1 Visa with a criminal record. Immigration officers will evaluate you if you are qualified for an inadmissibility waiver to be granted entry into the US even with a criminal offense. An inadmissibility waiver permits inadmissible foreign citizens to enter the US if their crimes do not fall within the scope of inadmissibility grounds as per U.S. law. Foreign citizens with crimes that fall under the scope of inadmissibility grounds will not be given an inadmissibility waiver. You are inadmissible to enter the US if you have a record of crimes involving moral turpitude (kidnap, rape, murder, manslaughter, forgery) and drug violations. EB-1 Visa applicants with no record of these crimes will be recommended for an inadmissibility waiver.
Can I Use an EB1 Visa to Access American Healthcare?
Yes, you gain access to American healthcare as an EB1 Green Card holder. It is recommended that you get a health insurance plan to cover your medical expenses while living in the US.
Is a Medical Examination Needed for an EB-1 Visa?
Yes, EB-1 Visa applicants are required to go through the Green Card Medical Examination to determine if they are admissible to the US or not. Medical inadmissibility for the EB1 Visa includes having communicable diseases of public significance, inability to show evidence of required vaccinations, mental conditions that result in harmful behavior, and substance abuse.
Is Getting an EB-1 Visa Difficult?
Yes, the EB1 Visa can be difficult to obtain because of its requirements for outstanding achievements and proof of extraordinary ability. The approval rate for the EB-1 Visa was only at 28.8% as per the USCIS in 2021 with 7, 868 petitions that are still pending.