Employment-Based: EB-1 green card Criteria
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- September 11, 2024
Employment-Based: EB-1 green card Criteria
The EB-1 green card is an entry program for aliens with extraordinary abilities in their field, high academic qualifications, or managerial experience in a multinational organization. If you identify among one of them, you can apply for this green card to build a successful future in the United States.
This visa offers you a direct path to becoming a legal permanent resident of the USA. Apart from being exceptional, you must meet specific EB-1 green card criteria. This article
share all the relevant information concerning the EB-1 green card, including benefits and the application process.
EB-1 Green Card Overview
EB-1 is the first preference employment-based immigrant visa, which allows an applicant to obtain permanent residence in the United States. The visa has three primary subcategories, each aimed at attracting highly skilled foreign nationals:
1. EB-1A: Extraordinary Ability
This category focuses on people with unique talents in science, arts, education, business, or athletics. Candidates must meet this EB-1 green card criteria by proving that they have consistently achieved national or international success throughout their careers.
2. EB-1B: Great Scientists, Researchers
Candidates for this category should be recognized internationally in an academic discipline. Additionally, they should have at least three years of experience in teaching or research and a permanent job offer with a U.S.-based institution.
EB-1C: Multinational Managers and Executives
This visa is applicable to executives or managers who have worked for at least one year in a foreign company and are being transferred to an affiliate of the company in the U.S. to serve in a similar job position.
Meeting EB-1 green card criteria opens doors for several advantages.
Benefits and Rights of EB-1 Green Card Holders
Besides getting direct access to permanent residency, an EB-1 green card can benefit you and your family. Some key benefits include:
1. No Job Offer Required (for EB-1A)
If you qualify for EB-1A, you won’t need to provide an employer’s job offer as required in EB-1C. It is a self-petitioning category, allowing you to plan your professional life anew in the USA.
2. Premium Processing Options
The EB-1 allows for premium application processing, under which visa approval typically takes a few weeks or even 15 days rather than months. For Premium Processing there is an additional fee of almost $3,000.
3. Family Inclusion
Your spouse and unmarried children below 21 may accompany you in the application. Thus, they can obtain similar rights, for example, to receive an education and the right to work in the country. Hiring immigration attorneys can help you with proper documentation for each family member.
4. Full Citizenship Rights
Once you have maintained permanent residence in America for a period of five years, you can apply for U.S. citizenship to get the full rights of an American citizen.
EB-1 Green Card Needed Documents
You must complete the application once you meet the EB-1 green card qualifications. However, you will require relevant documentation first. Depending on your subcategory, you may need to provide:
1. EB-1A and EB-1B
You have to have had a prestigious international award like the Nobel Prize or otherwise provide at least three of the ten proofs of ‘scientific/academic achievement’ in the following categories:
- Receipt of nationally or internationally accredited awards or honors.
- Membership in an association known for demanding high levels of performance.
- Published material about you in professional mass media.
- Posing as a judge for other’s work.
- Prominent contributions to your field.
- Authorship of scholarly articles in reputable publications.
- Display of work at artistic exhibitions.
- Leadership roles in different organizations.
- Provide proof of a high salary compared to others in your field.
- Commercial success in artistic endeavors.
2. EB-1C (Multinational Managers and Executives):
Provide relevant records, including employment history in managerial roles and proof of one-year continuous employment under a USA-based employer via appointment letter, offer letter, salary slip, etc.
Additionally, provide evidence that your U.S. employer is a subsidiary, affiliate, or parent company of your previous employer. This process can be lengthy and require back-and-forth with your employers and consulate. Corporate law professionals can help you ease the process by compiling proper documentation on your behalf.
Application Form Types and Submission Process
Form I-140, or Immigrant Petition for Alien Worker, is a base form for this type of application, and it requires numerous attachments starting with proof of your qualifications. Another petition is Form I-485 (if applicable). This form allows you to register as a permanent resident and make needed adjustments to your status in the U.S. if you are in the country during the application process.
Ensure you fulfill the EB-1 green card qualifications in terms of documentation, then follow the below application process for obtaining the green card:
- Fill out Form I-140: You or your employer have to apply for this petition along with proper documentary evidence of the qualification for the category.
- Form I-140 Approval: If approved, you must submit the form I-485 for a change of status (if in the U.S.) or use the consular processing procedure if outside the U.S.
- Biometrics Appointment: If you are changing your status, the involved officials will call you to attend a biometrics appointment, during which your fingerprints and photographs will be taken.
- Interview: Depending on the circumstances of your case and with the permission of the USCIS officer, you will get a scheduled interview date at one of the USCIS offices or a consulate.
- Receive Green Card: Upon the approval of your case, the officials will issue you the green card immigrant visa, and you may proceed to reside and work in the U.S. permanently.
Ready to Apply for an EB-1 Green Card?
The EB-1 green card is a perfect opportunity for you to immigrate to the United States and make significant contributions toward your areas of specialization. Fulfilling the EB-1 green card criteria and following the guidelines with the necessary documents can open the door to permanent residence.
At Di Martino Law Group, our professional attorney team helps you get through the process of multiple visa applications, including EB-1. Contact us to experience a smooth transition from application filling to approval.
FAQs
1. Can I apply for an EB-1 visa if I am currently in the U.S. on a different visa?
You can apply for the EB-1 green card if you are in the U.S. on a non-immigrant visa as a temporary resident. You would ordinarily file form I-485 for adjustment of status if the I-140 petition you filed was granted.
3. Are there any restrictions on how long I must continue working in my field after obtaining the EB-1 visa?
Once you get your green card, you must continue practicing in your field of expertise. This means that though you can change employers in a certain period, you should ensure that the job corresponds to the qualifications you specified in the application.
3. What happens if your EB-1 petition is denied?
If your EB-1 petition is refused, you can request why it was refused and fill out a fresh application to reapply. We recommend you seek the services of a qualified immigration attorney who can build up a strong case for you for future attempts.
4. How often are EB-1 green card applications approved compared to other visa categories?
The EB1 employment based green card applications are highly scrutinized by the USCIS because they pertain to aliens with extraordinary or exceptional abilities that must be verified by the US authorities before an immigrant visa i.e. Green Card is approved. The assistance of an experienced law firm is crucial to the success of the EB-1 application.