The EB-1 visa is an employment-based immigrant visa category in the United States, reserved for priority workers who demonstrate extraordinary ability in their field, outstanding professors or researchers, or multinational executives or managers. Here’s a general guide on how to apply for an EB-1 visa:
- Determine Eligibility: Make sure you meet the eligibility criteria for one of the three categories under EB-1:
- EB-1A: Extraordinary Ability
- EB-1B: Outstanding Professors and Researchers
- EB-1C: Multinational Managers and Executives
- Gather Documentation: Collect evidence to support your eligibility. This could include awards, publications, membership in professional associations, employment letters, and any other relevant documentation that demonstrates your achievements and qualifications.
- File Form I-140: The first step is to file Form I-140, Immigrant Petition for Alien Worker. You will submit this form along with the required supporting documents to the United States Citizenship and Immigration Services (USCIS). The form should be filed by your employer if you’re applying under the EB-1B or EB-1C category, or you can self-petition if you’re applying under the EB-1A category.
- Provide Evidence of Extraordinary Ability: If you’re applying under the EB-1A category, you’ll need to provide evidence of your extraordinary ability in your field. This could include documentation of major awards, membership in associations requiring outstanding achievements, published material about you, evidence of your participation as a judge of the work of others, evidence of your original contributions of major significance to your field, etc.
- Provide Evidence for Outstanding Professors and Researchers or Multinational Managers/Executives: Depending on the category you’re applying under, you’ll need to provide evidence such as documentation of your employment as a professor or researcher, documentation of at least three years of experience in a managerial or executive position outside the U.S. and with the same employer, proof of the relationship between the U.S. employer and the foreign entity (for EB-1C), etc.
- Wait for USCIS Decision: After you’ve submitted your Form I-140 and supporting documents, USCIS will review your petition. If additional evidence is required, they will issue a Request for Evidence (RFE). Once USCIS approves your petition, they will send you a notice of approval.
- Adjustment of Status or Consular Processing: Depending on your circumstances, you will either apply for adjustment of status if you’re already in the U.S. or undergo consular processing if you’re outside the U.S.
- Interview (if applicable): You may be required to attend an interview as part of the process. This usually applies to adjustment of status applicants.
Form I-140 checklist of required documents
When filing Form I-140, Immigrant Petition for Alien Worker, for an EB-1 visa, you’ll need to include a variety of documents to support your eligibility for the specific category under which you are applying. Here’s a checklist of required documents:
- Form I-140: Completed and signed by you (the beneficiary) if you are self-petitioning, or completed and signed by your employer if they are sponsoring you.
- Filing Fee: The appropriate filing fee must be included with the Form I-140 submission. Check the USCIS website for the current fee amount.
- Supporting Evidence: This will vary depending on the category you are applying under:
a. EB-1A (Extraordinary Ability):- Evidence of your extraordinary ability, such as awards, memberships, publications, media recognition, etc.
- Letters of recommendation from experts in your field.
- Documentation of your significant contributions to your field.
- Evidence of your work’s impact on your field or industry.
- b. EB-1B (Outstanding Professors and Researchers):
- Documentation of your employment as a professor or researcher.
- Evidence of at least two of the following:
- Receipt of major prizes or awards for outstanding achievement.
- Membership in associations that require outstanding achievements.
- Published material in professional publications written by others about your work.
- Evidence of your participation as a judge of the work of others.
- Evidence of your original scientific or scholarly research contributions to your field.
- Letters of recommendation from experts in your field.
- c. EB-1C (Multinational Managers and Executives):
- Documentation of at least one year of employment abroad as a manager or executive with the same employer or a qualifying subsidiary or affiliate.
- Evidence of the relationship between the U.S. employer and the foreign entity.
- Detailed job description outlining managerial or executive duties.
- Evidence of the employer’s ability to pay your salary.
- Translation of Documents: If any of your supporting documents are not in English, provide a certified translation.
- Form G-28 (if applicable): If you’re represented by an attorney, include Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative.
- Optional Forms (if applicable): Include any additional optional forms required for your specific circumstances, such as Form ETA-750B (if applying as an outstanding professor or researcher).
- Checklist: Include a cover letter or checklist outlining all the documents included in your submission. This helps USCIS officers easily review your application.
- Photographs: Include passport-style photographs of yourself and any dependent family members if required.