U.S. employment-based visas, such as EB-1 visas and EB-2 visas, are offered to foreigners who have found a job in the United States and are qualified to immigrate to the US. The U.S. Immigration Law has laid down certain requirements and eligibility criteria for each group of these immigrant work visas. As a result, the country can only select foreign individuals with the right skills, talents, and knowledge.
There are 5 different types of work visas in the US. The first one, and the most respected one, is the EB-1 visa. This type of visa includes a few categories. Each of these subcategories sets out a few EB-1 visa criteria for specific groups of candidates.
In this EB-1 visas guide, you will learn about its categories, requirements, EB-1 visa eligibility, its benefits, how to apply for an EB-1 visa, and more. Read on to find out if you are eligible for this highly regarded immigrant visa.
Have an immigration consultation with our accomplished immigration attorney. You will find out which type of US work visa is suitable for you.
Different Categories and Qualifications of EB-1 Visas
The first priority workers Eb-1 visa is only available to those foreign individuals with Extraordinary Ability, Outstanding Professor or Researcher, Multinational Executive or Manager. In other words, you can obtain this type of visa only if you have astonishing work or academic achievements.
There are different requirements and eligibility criteria for each of these EB-1 visa categories. Those who are found eligible for this type of visa will not need an Employment Authorization Document to live and work in the US.
We will discuss each EB-1 visa category one by one.
Extraordinary Ability Visa
Those who wish to apply for extraordinary ability EB1 visa (also referred to as EB-1A visa), must be able to prove that they have extraordinary ability, skill, and achievement in a certain field, such as arts, sports, education, science, and business.
To prove your great ability, you should have enough EB-1 visa evidence and documentation to show your ability is extensive, prominent, and/or internationally recognized.
For example, if a photographer gains a prestigious international award in photography, he or she can apply for this type of EB-1 visa. Other examples include Nobel Prize winners, Oscar winners, or Olympic athletes. However, it is possible to be qualified for the EB-1A visa without having international awards if you can gather enough evidence. See the complete list of criteria for this visa on the USCIS website.
It might be a bit difficult to prove your extraordinary abilities but, on the plus side, you will not need an employment offer to apply for it.
Outstanding Professor Visa
Professors and researchers who have made great and significant contributions to their field of science can apply for an outstanding professor or researcher EB-1 visa (also referred to as EB-1B visa). They must be able to prove their achievements to be eligible for an EB-1 visa application.
Applicants have to meet the following EB-1 visa requirements:
- A minimum of 3 years of experience in their field (as a researcher or university teacher),
- Prove that their goal for immigration to the US is to continue their contribution to their field by doing research or teaching at university.
For example, professors who are internationally recognized in their field can collect their EB-1 visa documentation and apply for this type of visa. However, they need an employment offer letter to be able to file their EB-1 application.
Multinational Executive Visa
Eligible candidates for EB-1C visa or multinational executive or manager EB-1 visa are those who have worked in a US company’s foreign branch.
The minimum period required for working for the international U.S. company is one year, which must have been in the last 3 years. The candidates must be able to prove that they are going to resume their job in the same company in the US. And, they should be working in the same position or a higher one.
Therefore, their US employer must be willing to petition for them to transfer their foreign managers or executives to their U.S.-based branches. To learn more about this petition requirements see here.
Preparing your EB-1 visa evidence and documentation to conform with the USCIS requirements might require some experience. Ask a competent immigration lawyer for some help and advice by phone call.