Employment Based Immigration for Permanent Workers EB-1

Professionals of the highest category immigrate to the USA on the EB-1 visa. Those are talented scientists and professors, famous representatives of the creative professions and sports, businessmen and top managers of international corporations. In order to obtain this visa, you should prove your professional merits, and in the case of business immigration, you should work in or own a company that meets a number of criteria.

The great bonus of the EB-1 program is that in some cases, the applicant does not even need to look for an American employer in advance. Many other American work visas do not offer this option. The holder of EB-1 is issued a green card (permanent residence) immediately upon arrival, and five years later they can apply for the US citizenship.

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Program's details

Suitable for businessmen managers, scientists, sportsmen, people of art
No restrictions as per deadline of stay
Green card (permanent residence permit) immediately after entering the USA
US citizenship 5 years after receiving the green card
8-12 months average application processing time
For the whole family spouse and children under 21
Period of stay in the USA more than 183 days per year
The right to work for spouses

About the Program

More than 40 thousand foreigners apply for the American immigration work visa EB-1 and leave for the United States every year . The program is suitable for various professionals: representatives of art and sports, science and top management, as well as international businessmen. Since the requirements for professionals from different fields are quite specific, the EB-1 has three categories:

  • EB-1A (extraordinary ability) for art, business or sports experts;
  • EB-1B (outstanding professors and researchers) for scientists with high academic achievements;
  • EB-1C (certain multinational manager or executive) for owners and top managers of international companies.

The applicants for EB-1A and EB-1B should prove their outstanding professional merits: membership in professional associations, publications in the media, you should  meet at least three of them (two on EB-1B). If we are talking about a top manager, then a number of special requirements are imposed primarily not on his candidacy, but on the company.

The second point is that when selecting extraordinary professionals (EB-1A and EB-1B visas), national interest is also taken into account. That is, the United States should be interested in the services of this specialist. For example, applicants may include an engineer who is developing the latest in cardiac equipment. In the United States, mortality from diseases of the cardiovascular system is high, so a specialist is valuable for the country.

The second point is that when selecting extraordinary professionals (EB-1A and EB-1B visas), national interest is also taken into account. The United States should be interested in the services of this specialist. For example, applicants may include an engineer who is developing the latest cardiological equipment. Mortality from diseases of the cardiovascular system is very high in the United States, so this kind of  specialist is valuable for the country.

The third point is that professors and managers need to prove that there is a specific institution (university) or company in the USA  which they are going to work in. In  case of a businessman, the issue of having an employer is solved very simply: it is enough to have a large branch or your own company in the USA. For EB-1A (outstanding artists, businessmen or sportsmen) visa applicants, this requirement is optional.

It is strategically important to consider the processing time of the application when submitting the documents for the EB-1. It depends on the country of the applicant. For example, citizens of China or India wait for up to three- five years for their documents to be reviewed. And citizens of Russia or Kazakhstan undergo the procedure in about a year. Around the world, on average, it takes 8-12 months from the date of the application to the final approval of the case.

The EB-1 visa allows you to apply for a green card (permanent residence permit) for the applicant and his family immediately after entering the United States. If you live in the States for five years in the status of a permanent resident and do not break the law, you will be able to obtain a local passport.

Please note!

- The applicants for EB-1A visa may not search  for an American employer in advance. The main thing is to be engaged in the same activities in the United States in which they have achieved recognition.

- Most often EB-1C visa  is obtained by managers on the basis of a valid L-1A visa, and EB-1A or EB-1B visas  are issued by extraordinary professionals on the basis of a valid O-1 visa in some cases. At the same time, it is not prohibited to immediately apply for any EB-1 visa category.

- The ten criteria of extraordinariness do not apply for the EB-1C visa applicants, but the applicant (like the business) should meet a number of requirements.

Requirements for the employers and visa applicants

EB-1C

Employer

- The company is international (There are two or more offices in different countries).

- The employer has been actively conducting business in the United States for at least a year through an American office, branch, parent company or subsidiary.

- The US division is required to have an appropriate relationship with the overseas company in which the beneficiary operates (parent company, branch, subsidiary or affiliate).

- The American office (or the entire company) may also belong to the beneficiary or be the place of his work, and it should  also have a multi-level management system.

- If the trip is related to opening of a new office, then the company should provide  suitable premises in advance, hire ten employees, there should be a three-stage management system, and it should also prove the economic necessity of the project.

Manager

- The applicant is not a US citizen.

- The applicant has valuable knowledge about the company.

- The applicant holds a managerial position ( has broad powers, does not need supervision, has the right to hire and fire employees, manages large projects and / or groups of specialists and managers).

- The applicant has worked at least a year in the last three years in a foreign division of his company in a managerial position.

- The applicant is transferred to the American division of the company for a managerial position.

EB-1B

Scientist

Professors and scientists who have been engaged in teaching or research activities at the international level for at least three years can apply for this visa. The purpose of entry is scientific activity in one of the American universities (an invitation from the university is required).

The applicant should meet at least two of the six criteria for extraordinariness.

  1. Authorship of profile books and articles in international scientific journals.
  2. Prizes, awards for special achievements in their field of knowledge.
  3. Membership in a professional association, where you can only make it into due to special services in their field.
  4. Published materials with criticism from fellow professors that highlight the work of the visa applicant in the scientific community.
  5. Significant personal contribution in the chosen field of knowledge (research, scientific or teaching).
  6. Judging or jury participation in a competition that involves assessing the performance of colleagues from the same or related field of knowledge.
EB-1A

Extraordinary specialist

In order to get this visa, you should prove your merits and meet at least three of the ten criteria.

  1. Awards (first places) at international professional competitions.
  2. Membership in a professional association, where you can only make it into due to special services in their field.
  3. Fame: publications about a candidate's achievements in professional or specialized media.
  4. Expertise: the opinion of this specialist plays an important role in evaluating someone else's work (as part of a group or individually).
  5. Significant contribution to scientific, pedagogical, artistic, sports activities or business.
  6. Author's articles in scientific or professional publications and media.
  7. Participation of the applicant’s works in art exhibitions and expositions.
  8. Leader or expert position in leading organizations.
  9. Leader or expert position in leading organizations.
  10. Commercial success in the performing arts.

For Family Members

Along with the holder of an EB-1 visa, his spouse and unmarried children under the age of 21 are eligible to move to the United States.

Documents

  • Approved I-140 petition
  • Valid international passport
  • Photo 5 × 5
  • A copy of the general civil passport (if any)
  • Application form DS-260
  • Documents confirming that the applicant meets the criteria (diplomas, certificates of professional development, language certificates, letters of recommendation, etc.)
  • CV in English
  • Letter of invitation from an American institution or employing company (required only for categories B and C)
  • Documents confirming the presence of an American office and its eligibility, business plan (for category C)
  • Copy of the work book
  • Birth certificates of children, marriage registration certificate
  • Certificate of employment of the spouse
  • Receipt of consular fee payment
  • Additional documents (at the request of immigration officials)

Additional Expenses

State fees

If the applicant is abroad and submits documents through the consulate: the consular fee for filing an online application is $318.

If the applicant is already in the United States: $700 is a standard fee for processing an I-140 petition with USCIS; $1,440 is for the Fast Track Process (15 days).

Registration of a green card (permanent residence permit) after obtaining a visa (entry into the United States): a petition for the issuance of a green card (I-485) and processing of biometric data - from $750 for each family member; $220 - for issuing a green card.

Legal expenses

The services of a lawyer who will accompany the process cost from $3,000-5,000. Additionally, you may need assistance in registering a legal entity and preparing a business plan if you only plan to launch a new office in the United States.

Please note!

In most cases, all costs for obtaining the visa are covered by the employer.

Rights and Obligations

The rights

  • To work according to your  profession (do business) in the USA
  • The spouse may  obtain a work permit in the USA
  • To send children to an American school or college
  • To travel abroad for no more than six months a year in order to maintain the status
  • To renew the visa many times while maintaining the evidence basis
  • To apply for citizenship after five years of residence in the States on a green card

The obligations

  • To work in a declared sphere of employment or company (institution) in the United States
  • To ensure the viability and profitability of the US unit (for Category C visa holders)
  • If the reason for the extension of the visa is not preserved, then the whole family should leave the United States

The procedure for obtaining

1
Consultation with a lawyer
1 week
An immigration lawyer considers the applicant's candidacy individually and makes recommendations for preparing a package of documents for the EB-1.
2
Preparation of the documents
from 2 weeks
The employer prepares a corporate package of documents for category C visa. As a rule, the applicant prepares a personal package of documents under the guidance of a lawyer himself.
3
Submitting the application
1 day
The package of documents with the I-140 petition is sent to USCIS. If the petition is approved, then the next stage is the interview.
4
Interview
1 day
You can sign up for an interview at the consulate online. It is necessary to discuss all plans with a consular officer in English, to confirm your competence, to submit basic and additional documents (if necessary).
5
Consideration of the application
from 6 months
As a rule, EB-1 cases are large (about a thousand pages), therefore they require a lot of active work of an immigration lawyer. USCIS employees often request additional documents. In some cases, it is possible to pass an accelerated application review procedure (15 days).
6
Obtaining the visa
1 week
If the application is approved, the foreigner and his family members may move to the United States.

Companies working with this program

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