The EB-1 Extraordinary Ability Visa, a first preference employment-based immigrant visa, is designed for individuals with exceptional skills and accomplishments. It provides a pathway to lawful permanent residence in the United States, known for its relatively expedited processing times.
This guide offers an in-depth look at the EB-1 visa process, including eligibility, steps, processing times, and ways to expedite the application.
Introduction to EB-1 Visa
The EB-1 visa category is one of the most sought-after immigration options due to its shorter processing times and the ability to self-petition under certain circumstances. It includes three subcategories:
- EB-1A: For individuals with extraordinary abilities in sciences, arts, education, business, or athletics.
- EB-1B: For outstanding professors and researchers.
- EB-1C: For multinational executives and managers.
Each subcategory has specific eligibility criteria but shares the advantage of a faster path to permanent residency compared to other employment-based visas.
Key Factors Affecting EB-1 Processing Time
Several factors can influence the processing time for an EB-1 visa:
- Application Volume: High demand can lead to longer processing times.
- USCIS Workload: The processing time depends on the workload at your designated USCIS office.
- Country of Origin: Some countries face higher demand, affecting wait times.
- Documentation: Accuracy and completeness of your application and supporting documents.
EB-1 Green Card Processing Time
As of April 2024, the overall EB-1 processing time ranges from 8 to 37 months. The steps include:
- I-140 Petition for Immigrant Workers:
- Processing time ranges from 8 to 19 months depending on the subcategory and service center.
- Premium processing can expedite this step to 15 days (for EB-1A and EB-1B) or 45 days (for EB-1C).
- I-485 Adjustment of Status (for applicants within the U.S.):
- Processing time ranges from 16 to 50 months.
- Consular Processing (for applicants outside the U.S.):
- This includes submitting Form DS-260, attending a visa interview, and can take about 6 to 8 months.
Detailed EB-1 Application Steps
Step 1: I-140 Petition for Immigrant Workers
The I-140 petition is the first step in the EB-1 application process. It requires submission of detailed evidence supporting your extraordinary ability, outstanding research, or executive/managerial experience.
- Self-Petition for EB-1A: You can sponsor yourself without a job offer.
- Employer-Sponsored for EB-1B and EB-1C: Requires an employer to sponsor the petition and demonstrate financial viability.
The petition must be filed with the appropriate USCIS service center based on your intended place of employment. USCIS processing times vary by service center and current workload. Premium processing is available for an additional fee, reducing the processing time to 15 days for EB-1A and EB-1B, and 45 days for EB-1C.
Step 2: Filing Form I-485 (If Inside the US)
After the I-140 is approved, if you are in the U.S., you can file Form I-485 to adjust your status to permanent resident. Required documents include:
- A copy of your passport, birth certificate, and I-94 records
- Two passport-sized photographs
- The approved I-140
- Marriage certificate (if applicable)
- Birth certificates of children (if applicable)
The I-485 form must be filed with the USCIS Service Center with jurisdiction over your intended place of residence. Processing times vary, and there is no option to expedite this form.
Step 3: Consular Processing (If Outside the US)
For applicants outside the U.S., consular processing is required. Steps include:
- Form DS-260 Submission: This is the Immigrant Visa Electronic Application, taking about 6 to 8 months on average to process.
- Visa Interview: Attend an interview at a U.S. consulate or embassy.
- Medical Examination: Complete a medical exam as part of the application process.
The timeline for consular processing depends on the workload of the consulate and your level of preparedness.
Concurrent Filing
Concurrent filing allows for the simultaneous submission of the I-140 and I-485 forms when the applicant’s priority date is current. This can significantly speed up the process by allowing for simultaneous processing of both forms.
Premium Processing
Premium processing is available for EB-1A, EB-1B, and EB-1C categories, significantly reducing the I-140 processing time to 15 or 45 days, depending on the subcategory. The fee for premium processing is $2,500.
Eligibility Requirements for EB-1 Categories
EB-1A Extraordinary Ability
To qualify, you must demonstrate sustained national or international acclaim and provide evidence of at least three of the following:
- Receipt of lesser nationally or internationally recognized prizes or awards.
- Membership in associations that require outstanding achievements.
- Published material about you in professional or major trade publications.
- Participation as a judge of the work of others.
- Original contributions of major significance to your field.
- Authorship of scholarly articles in professional journals.
- Display of your work at artistic exhibitions.
- Performance in a leading or critical role in distinguished organizations.
- High salary compared to others in the field.
- Commercial success in performing arts.
EB-1B Outstanding Professors and Researchers
To qualify, you must:
- Have at least three years of experience in teaching or research.
- Hold a tenured or tenure-track position or a comparable position at a university or institution of higher education.
- Provide evidence of at least two of the following:
- Receipt of major prizes or awards.
- Membership in associations that require outstanding achievements.
- Published material in professional publications written by others about your work.
- Participation as a judge of the work of others.
- Original scientific or scholarly research contributions.
- Authorship of scholarly books or articles.
EB-1C Multinational Executives or Managers
To qualify, you must:
- Have been employed outside the U.S. for at least one year in the past three years in a managerial or executive position.
- Seek to continue working in a managerial or executive capacity for the same employer or an affiliate/subsidiary in the U.S.
Costs Associated with EB-1 Visa
The government filing fees for the EB-1 visa are as follows:
- I-140 Filing Fee: $715
- I-485, I-765, I-131 Fee: $1,440
- Biometrics Fee (if applicable): $85
- Premium Processing Fee (optional): $2,805
For applicants outside the U.S.:
- I-140 Filing Fee: $715
- DS-260 Fee: $325
- Affidavit of Support Fee: $120
- Biometrics Fee (if applicable): $85
- Premium Processing Fee (optional): $2,805
Frequently Asked Questions (FAQs)
Is there a cap or waiting time for the EB-1 visa?
There is generally no numerical cap for EB-1 visas, but individual processing times can vary based on factors such as demand and documentation.
Can I include my spouse and children in my EB-1 visa application?
Yes, your spouse and unmarried children under 21 can be included in your EB-1 visa application. They are eligible for derivative visas.
Can I change employers or positions after receiving the EB-1 visa?
The EB-1 visa is tied to the sponsoring employer and position. However, under certain circumstances, it may be possible to change employers or positions while maintaining your EB-1 status. Consult an immigration attorney for specific guidance.
What documents are needed for I-485 filing?
Required documents include a copy of the applicant’s passport, birth certificate, I-94 records, two passport-sized photos, the approved I-140, marriage certificate (if applicable), and children’s birth certificates (if applicable).
How long does consular processing take?
Consular processing typically takes about 6 to 8 months, depending on the workload of the consulate and the applicant’s preparedness.
What is the cost of an EB-1 visa?
The I-140 filing fee is $715. Additional fees for I-485, I-765, I-131, and biometrics apply, totaling approximately $1,440 for applicants within the U.S. Consular processing fees include the DS-260 fee of $325 and the affidavit of support fee of $120.
Final Words
The EB-1 Extraordinary Ability Visa offers a streamlined path to permanent residency in the United States for individuals with exceptional skills and accomplishments in various fields. Its relatively expedited processing times, especially with the option of premium processing, make it an attractive option for eligible applicants.
By understanding the detailed steps, eligibility requirements, and associated costs, you can navigate the EB-1 visa process more effectively. Whether you are a person of extraordinary ability, an outstanding professor or researcher, or a multinational executive or manager, the EB-1 visa provides a robust opportunity to establish permanent residency in the U.S. If you are considering applying, it is advisable to consult with an immigration attorney to ensure all criteria are met and to streamline the application process.
For more information, visit http://www.h1bvisajobs.com.