If you’re a foreign national seeking employment in the U.S., you must apply for a nonimmigrant visa. If you have extraordinary ability, are an outstanding professor or researcher, or are a particular multinational executive or manager, you may be eligible to obtain an EB-1 visa. If you’re looking to work in the U.S., you should connect with a proficient Middlesex County, New Jersey, Business Immigration Lawyer who can help guide you through the process ahead. Please continue reading to learn how to apply for this employment-based visa.
What is the EB-1 Visa?
The EB-1 visa is an employment-based visa reserved for non-U.S. citizens with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers. Unlike other employment-based visas, the EB-1 visa allows foreign nationals to permanently live and work in the U.S. It’s crucial to understand that each occupational category has specific requirements that must be met:
EB-1A: Extraditonary Ability
- Evidence of national or international acclaim in your field
- Achievement recognition and prominence in your field
- Evidence of extensive documentation of achievements in your field
EB-1B: Outstanding Professors and Researchers
- Evidence of international recognition for outstanding achievements in their specific academic field
- Evidence of at least three years of experience in teaching or research
- Have an offer of employment from a U.S. employer for a tenured or tenure-track position or comparable position at a university or institution for higher education
EB-1C: Multinational Managers or Executives
- Evidence of employment abroad for at least one year in a managerial or executive position by a qualifying organization with an affiliate company in the U.S.
- Evidence you’re seeking entry to the U.S. to continue working in a managerial or executive capacity for the same company or an affiliate company
How Do I Apply?
To initiate the application process, you must file Form I-140, “Immigrant Petition for Alien Worker,” with supporting documents that indicate that you meet all the eligibility requirements for an EB-1 visa. If you’re applying under extraordinary ability, you will file the petition yourself. However, if you’re using as an outstanding professor or researcher, your U.S. employer must file Form I-140. Your employer must demonstrate a continuing ability to pay the offered wage as of the priority date. According to USCIS, this can be achieved through annual reports, federal income tax returns, or audited financial statements demonstrating their ability to pay your wage. In addition, if you’re applying as a multinational manager or executive, your U.S. employer must file Form I-140 on your behalf. Similarly, your employer must demonstrate a continuing ability to pay the offered wage as of the priority date.
Once USCIS approves the I-140 petition, you can either adjust your status if you’re already in the U.S. or apply using consular processing at a U.S. Embassy or consulate abroad. It’s crucial to note that you must attend a biometrics appointment and an immigration medical exam. From here, you will attend the visa interview. If all goes well and the application is approved, you will receive the EB-1 visa.
For more information about employment-based visas, please don’t hesitate to contact a determined lawyer from the Law Offices of Aditya Surti, LLC, who can help you determine whether you meet the eligibility requirements for the EB-1 visa.
