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Posted on August 31 2024

Who is eligible for an EB-1 visa?

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By  Editor
Updated August 31 2024

An EB-1 visa is an employment-based first preference visa. USCIS has five levels of visa preferences, especially for employment-based immigration, ranging from EB-1 to EB-5 visas. You can apply for this type of visa when an applicant receives a job offer from a US company and a company permanently lives in the country.  

 

To qualify for this visa, an applicant must have worked for one year in the past three years before the petition or the most recent lawful non-immigrant admission if they already work for the employee who will petition for their  visa.

 

Around 40,000 EB-1 visas are issued each year, split between its subcategories: EB-1A, EB-1B, and EB-1C. Each category has its own application criteria, and application processing time does not depend on the subcategory.

 

Applicants qualifying for these visas are priority workers with unique talents, researchers, and specific business people. This visa is considered the most accessible pathway toward receiving a Green card because of its EB-its visa requirements.

 

*Want to apply for EB-1 visa? Talk to Y-Axis for complete guidance.

 

Eligible criteria to apply for EB-1 visa

Here are the eligible criteria to apply for EB-1 visa:

Category

Description

EB-1A visa Extraordinary ability

Can demonstrate extraordinary ability in –

 

arts

athletic

business

education

science

 

through “sustained national or international acclaim”.

 

Evidence can be provided for a 1-time achievement such as an Oscar, Olympic Medal, Pulitzer Prize etc.

 

The individual must also be able to show evidence that they will be continuing to work in their area of expertise.

 

No offer of employment in the U.S. required.

 

No labour certification required.

EB-1B Outstanding Professors and Researchers

Be able to show that they possess international recognition for outstanding achievement in a specific academic field.

 

A minimum of 3 years’ experience in teaching or research – in that academic area – would be required.

 

Purpose of seeking entry into the U.S. should be that of pursuing tenure or a research position or tenure track teaching at a higher education institution, private employer, or university.

 

An offer of employment from the prospective U.S. employer would be required.

 

No labor certification required.

EB-1C Manager/Executive with a Multinational

Must have been employed outside the U.S. for a minimum of 1 year, within the 3 years’ preceding the petition.

 

Those already working for the U.S. petitioning employer must be the most recent lawful non-immigrant admission.

 

The petitioning employer must be –

 

a U.S. employer, and

Intend employing the individual in an executive or managerial capacity.

 

No labor certification required.

 

Requirements to apply for an EB-1 visa

Below are the given requirements to apply for an EB1A visa:

 

  • Demonstrate the extraordinary ability
  • Collect evidence
  • Apply to File an I-140 form
  • Get labor certificate
  • Provide all the document
  • Medical certificate
  • Proof of sufficient funds

 

*Want assistance for US Immigration? Talk to Y-Axis, the world’s No. 1 overseas immigration consultancy for end-to-end support.

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