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Similar to the O Visa, the EB-1 visa is an employment-based visa granted to individuals with exceptional skills who are at the top of their fields. The program was created by the Immigration Act of 1990.
EB-1 visa applicants must meet one of three categories: have extraordinary ability with “sustained national or international acclaim;” be outstanding professors and researchers; or hold a multinational manager or executive position. Nicknamed the “Einstein visa,” recipients are often Pulitzer prize winners, Olympic medalists, or celebrated academics. Successful applicants receive a green card allowing them to permanently live and work in the United States. Requirements for the visa differ by applicant category, but include criteria such as evidence of receipt of nationally or internationally recognized prizes or awards for excellence, evidence of original scientific or scholarly research contributions of major significance, or evidence of commercial success in the performing arts.
- Extraordinary Ability: You may apply for yourself by filing a Form I-140, Petition for Alien Worker.
- Outstanding Professors and Researchers: Your U.S. employer must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
- Multinational Manager or Executive: Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
At the time of writing this article, the fee for an EB-1 visa comes to $1,045: The USCIS filing fee for Form I-140 is $700, and the Department of State visa processing fee is $345.
You can check the USCIS fees here
How to File for the EB-1 Visa
You or the employer must:
- Review the instructions for Form I-140, Petition for a Nonimmigrant Worker;
- Complete and sign Form I-140;
- Pay the filing fee, if applicable; and
- Provide all required evidence and supporting documentation.
After You File
Once we receive your Form I-140, we will process your application and you will receive a:
- Receipt notice confirming we received your petition;
- Biometric services notice, if applicable;
- Notice to appear for an interview, if required; and
- Notice of our decision.
EB-1 Visa Official site
Please go to EB-1 official USCIS page
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