The Advantages of Applying Under EB-1 Visa Categories

Published: November 12, 2024

Do you have extraordinary abilities in the fields of sciences, arts, athletics, or business? Have you received any international awards, honors, or certifications for your work? If so, you can apply under the EB-visa categories to work and reside permanently in the US. 

Employment-based preference immigrant visas are subject to numerical limitations. Specifically, under the Immigration and Nationality Act (INA) 203 (b)(1), issuance for EB-1 visas shall not exceed 28.6 percent of the total employment-based immigrant visas available for the fiscal year. 

Despite its limited availability, the EB-1 visa category is a sought-after immigration pathway for foreign nationals seeking permanent residency in the US. In the subsequent sections, we’ll explore the advantages of applying for EB-1 visas, its qualification criteria, and the application process. 

Why Consider Applying for an EB-1 Visa? 

EB-1 visa categories can be an excellent option for individuals with extraordinary abilities or significant multinational experience. Here’s why applying for this visa classification is worth considering for foreign professionals looking to obtain residency in the US: 

No labor certification required

Petitions under EB-1 visa categories are not subject to labor certification requirements. Such labor certifications are filed with the US Department of Labor (DOL), which can be costly and time-consuming. Since it’s not required in EB-1 visas, you can save time and resources in the application process.

No job offer requirement

You’re not required to obtain a job offer to apply for an EB-1 visa. Specifically, EB-1A candidates can enjoy the benefit of self-petitioning, allowing them to apply for a visa without worrying about securing a job offer from a US employer. Although self-petitioning is permitted, you must continue working in your field in the US. 

Current priority dates

EB-1 visas are not subject to significant backlogs. Since countries typically have current priority dates allocated for these visas, the processing times are often shorter compared to other visa types. This efficiency makes EB-1 visa categories a viable and direct path to acquiring a US green card. 

Premium processing service

USCIS provides an optional premium processing service for EB-1A and EB-1B petitions for an extra fee. It can help shorten the processing timeline of standard procedures for employment-based visas. Depending on your unique circumstances, this expedited review can approve petitions within 15 business days in most visa classifications. 

Can You Qualify for EB-1 Visa Categories? 

Knowing whether you’re eligible for an EB-1 visa is essential for crafting a successful application. Eligibility depends on the specific type of EB-1 visa category you’re applying for. Such categories include the following: 

EB-1A for extraordinary ability

Individuals with extraordinary ability in the fields of sciences, arts, athletics, or business can be eligible for an EB-1 visa. The United States Citizenship and Immigration Services (USCIS) uses the international award to classify extraordinary ability. 

Suppose an internationally recognized achievement isn’t available. The applicant must provide evidence for at least three of the ten listed criteria, such as:

• Major trade publications
• Membership in prestigious professional organizations
• Significant leadership position in a distinguished organization
• Commercial success in the performing arts
• Showcase of work in exhibitions or displays

EB-1B for outstanding professors and researchers

Outstanding professors and researchers can be eligible to secure EB-1B visas. But demonstrating internationally recognized achievement in a particular academic field is necessary to qualify for this EB-1 visa category. It’s also required to show proof of teaching or research experience for at least three years. 

EB-1C for multinational managers or executives

The  EB-1C category enables multinational managers or executives to seek permanent residency in the US. One must provide evidence of at least one year of work experience outside the US in the past 3 years. This employment must be with the same multinational firm or an affiliate, parent company, or subsidiary of the U.S. employer that seeks to employ them.

How Can You Apply for an EB-1 Visa?

Expedited processing times and the absence of a labor certification requirement make EB-1 visa categories an appealing pathway for securing permanent residency in the US. However, adherence to requirements to get approved for an EB-1 visa. 

Consider working with an immigration lawyer to get a higher probability of a favorable decision. For a starter, learn the application process for the EB-1 visa category, which typically involves the following steps: 

• File the form for Immigrant Petition for Alien Worker with supporting documents. 
• Adjust your status if you’re in the US or apply for consular processing abroad. 
• Provide your fingerprints, signatures, and photographs at a biometrics appointment. 
• Attend an immigration medical exam with an authorized physician. 
• Go to an interview at a consulate or US embassy. 

Maximize Your Approval Chances With ALG Lawyers

It’s not always straightforward to determine what job offers, or individual applicants will successfully meet the criteria for the EB-1 visas. This visa category is highly competitive and most desirable among the US employment-based visas. 

The knowledge and assistance of the best immigration lawyers are indispensable for navigating the application process and the possible intricacies associated with immigration laws. Our team at ALG Lawyers is skilled at identifying and highlighting the case’s strengths to maximize your approval chance. Request a consultation now to discuss your immigration needs in detail.