H1- EB-1 Green Card Guide:

The EB1 Visa is a highly sought-after immigration category in the United States. It is specifically tailored for individuals who can demonstrate exceptional talent or achievements in their field. Recognized globally, the EB1 Visa USA allows eligible individuals to apply for permanent residency more efficiently than other employment-based visa categories.

Many applicants often wonder, "What is EB1 Visa in the USA?" It is a visa designed for people who have received significant recognition in their area of expertise, whether in arts, sciences, education, business, or athletics.

To qualify for the EB1 Visa, individuals must meet stringent criteria based on their professional or academic achievements. This includes:

• Extraordinary Ability: Applicants must provide evidence of their exceptional talent in their field, such as awards, recognition, or notable contributions.
• Outstanding Professors or Researchers: Academics who have received international acclaim and meet specific benchmarks are eligible.
• Multinational Executives: Multinational executives or managers are eligible for the EB1 Visa if they have been employed outside the U.S. for at least one year in a managerial or executive capacity by a qualifying organization within the past three years. They must be seeking to continue working in a similar capacity for the same or a related U.S. employer. This category is ideal for executives transferring to a U.S. branch, affiliate, or subsidiary of their company.

Understanding who qualifies for EB1 Visa is the first step toward successfully applying. Applicants must prepare a comprehensive portfolio demonstrating their eligibility and expertise.

1. Document Collection

   Gather all necessary evidence to meet the eligibility criteria for the EB1 Visa. This includes proof of extraordinary achievements, such as awards, publications, or professional recognition. Ensure all documents are organized and formatted according to USCIS guidelines.
2. Filing the Petition

   Submit Form I-140, Immigrant Petition for Alien Workers, to the U.S. Citizenship and Immigration Services (USCIS). This form establishes your eligibility for the EB1 Visa category and must include all supporting evidence.
3. Monitor the Visa Bulletin

   Stay updated on visa availability through the EB1 Visa Bulletin. It lets you track priority dates and helps ensure your application progresses smoothly.
4. Apply for a Green Card

   Once your I-140 petition is approved, the next step is applying for permanent residency. This can be done in two ways:
   
   • Adjustment of Status (Form I-485): If you are already in the U.S., file Form I-485 with USCIS to adjust your status to that of a permanent resident.This step can be concurrently filed with the Form I-140, if the visa numbers in EB-1 category is available on the EB-1 Visa Bulletin.
   • Consular Processing: If you are outside the U.S., complete the process through the National Visa Center (NVC) and attend an interview at a U.S. consulate in your home country.

This step is crucial for transitioning from the EB1 Visa approval to obtaining your green card and securing permanent residency.

To qualify under the EB1-A Extraordinary Ability category, applicants must demonstrate one time achievement such as an Oscar or Olympic Gold medal or demonstrate sustained national or international acclaim in their field and provide evidence of meeting at least 3 out of 10 criteria set by USCIS. Below are the 10 criteria defined by USCIS:

1. Nationally or Internationally Recognized Awards
   
   • Proof of receiving major prizes or awards for excellence in your field, such as industry awards, fellowships, or global recognitions.
2. Membership in Associations Requiring Outstanding Achievement
   
   • Membership in professional organizations that require exceptional achievements for admission. Examples include elite scientific, artistic, or business associations.
3. Published Material About You in Major Media or Trade Publications
   
   • Articles or profiles discussing your work, featured in prominent trade journals, newspapers, or other media outlets. The publication must highlight your contributions to your field.
4. Participation as a Judge of the Work of Others
   
   • Evidence of serving as a judge, reviewer, or evaluator of others' work in your field. This can include peer reviews for journals, panels, or award committees.
5. Original Contributions of Major Significance
   
   • Documented evidence of original contributions that have a profound impact on your field, such as innovative research, artistic creations, or technological breakthroughs.
6. Authorship of Scholarly Articles or Books
   
   • Proof of authorship of scholarly work published in respected journals or books in your field.
7. Artistic Exhibitions or Showcases
   
   • Participation in significant exhibitions or showcases that demonstrate your prominence in the artistic field.
8. Leading or Critical Role in Distinguished Organizations
   
   • Evidence of holding a leadership or key role in reputable organizations or institutions within your field.
9. Commanding High Salary or Compensation
   
   • Proof that your salary or remuneration is significantly higher than others in your field, supported by contracts or comparable data.
10. Commercial Success in the Performing Arts
    
    • Evidence of significant commercial success through box office receipts, record sales, or other financial metrics.

Key Point: The EB1-A does not require employer sponsorship, but applicants must independently provide substantial evidence to meet these criteria.

The EB1-B category is for scholars and researchers who are internationally recognized for their expertise in an academic field. Applicants must meet at least 2 out of 6 criteria and have a permanent job offer from a U.S. employer.

USCIS Criteria for EB1-B:

1. Receipt of Major Prizes or Awards
   Awards recognizing exceptional contributions in your academic or research field.
2. Membership in Distinguished Associations
   Proof of membership in organizations requiring outstanding achievements for admission.
3. Published Material About Your Work
   Evidence of articles, journals, or media coverage discussing your research or contributions.
4. Original Scientific or Scholarly Contributions
   Documented evidence of groundbreaking or significant research contributions in your field.
5. Authorship of Scholarly Books or Articles
   Publications in peer-reviewed journals or respected academic books.
6. Participation as a Judge of the Work of Others
   Evidence of acting as a reviewer or judge in academic journals, conferences, or awards panels.

Additional Requirements:

• Offer of Employment: A permanent job offer from a recognized U.S. institution is required.
• International Recognition: Demonstrated expertise and significant contributions in your academic field.

The EB1-C category is for multinational executives or managers transitioning to a U.S. office of the same organization. This category requires sponsorship by the employer.

USCIS Criteria for EB1-C:

1. Qualifying Employment
   
   • The applicant must have worked in an executive or managerial capacity for at least one year outside the U.S. within the last three years.
2. Job Offer from U.S. Employer
   
   • The U.S.-based employer must provide a permanent job offer for an executive or managerial position at a branch, affiliate, or subsidiary.
3. Evidence of Executive or Managerial Duties
   
   • Managing the organization or a department.
   • Supervising and controlling the work of other employees.
   • Authority over personnel decisions, such as hiring, firing, or promotions.
   • Responsibility for making high-level policy decisions.

Additional Notes:

• The U.S. employer must file Form I-140 on behalf of the applicant.
• Evidence of the multinational company’s structure, business activities, and the applicant’s role within the organization is critical.

Legal Reference:
USCIS EB1-C Requirements

Key Takeaways

• EB1-A: Focused on extraordinary ability, requires evidence of being an Oscar/Nobel/Olympic gold medalist or meet at least 3 out of 10 criteria, and does not require employer sponsorship.
• EB1-B: Designed for outstanding professors/researchers, requires meeting at least 2 out of 6 criteria and employer sponsorship.
• EB1-C: For multinational executives/managers, requires evidence of leadership roles and a permanent job offer from a U.S. branch.

The EB1 Visa Bulletin is an essential resource for applicants. It provides updates on visa availability based on priority dates, helping individuals understand when to proceed with their applications. Checking the EB1 Visa Bulletin predictions can offer insights into future trends and processing times.

The EB1 Visa is unique because it leads directly to a green card. Once approved, the green card provides permanent residency, meaning the visa itself does not expire.

The EB1 Visa cost includes government fees and optional premium processing:

• Form I-140 Filing Fee: $715
• Asylum Program Fee: $300
• Premium Processing Fee: $2,805(optional)
• Adjustment of Status Fees: Varies by applicant's circumstances.

Understanding how much is EB1 Visa helps applicants prepare financially.

*USCIS filing fees are determined by the U.S. Citizenship and Immigration Services and may change periodically. You can find the most up-to-date fee schedule directly on their website: https://www.uscis.gov/forms/filing-fees

Many individuals ask, "How hard is it to get EB1 Visa?" While the requirements are strict, applicants with strong evidence of their accomplishments can navigate the process successfully. For those wondering "how to qualify for EB1 Visa," it is essential to meet at least 3 out of the 10 criteria outlined by USCIS.

Key Takeaways

The EB1 Visa offers a unique opportunity for highly skilled individuals to achieve permanent residency in the United States. By understanding who can apply for EB1 Visa, staying informed through the EB1 Visa Bulletin, and preparing for the EB1 Visa cost, applicants can set themselves up for success.

This comprehensive guide to the EB1 Visa ensures you have the knowledge needed to take the next steps in your immigration journey.

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