EB-1 Visa employment based

The employment-based, first preference (EB1 VISA), category is reserved for persons of extraordinary ability (EB1(a)), outstanding professors and researchers (EB1(b)), and multinational executives and managers (EB1(c)). These three types of immigrant petitions are good employment-based alternative options when a regular PERM labor certification process is not possible or desirable.

EXTRAORDINARY ABILITY (EB1(a))

This category is for those aliens with extraordinary ability in the sciences, arts, education, business, or athletics who have demonstrated sustained national or international acclaim and whose achievements have been recognized in the field. Aliens who can meet at least 3 out of 10 criteria stated below, or provide evidence of a truly exceptional single achievement, such as a Nobel Prize, are elegible..

For this process the applicants do not have to demonstrate that they have a job offer in the US; however, they must to demonstrate that they will keep working in the field of endeavor.

The criteria for the extraordinary ability include: Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
Membership in associations in the field which demand outstanding achievement of their members;
Published material about the alien in professional or major trade publications or other major media;
Evidence that the alien has judged the work of others, either individually or on a panel;
Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
Evidence of the alien’s authorship of scholarly articles in professional or major trade publications or other major media;
Evidence that the alien’s work has been displayed at artistic exhibitions or showcases;
Performance of a leading or critical role in distinguished organizations;
Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
Evidence of commercial successes in the performing arts.

MERIT DETERMINATION

USCIS implemented a “two-part adjudicative approach” for extraordinary ability, and outstanding researcher or professor, immigrant visa petitions
First, the USCIS has to determine whether the individual has met the required criteria. However, this alone is not sufficient and does not result in an approval. Even after meeting the first part of the test, the individual has to establish through “final merits determination” that he or she is extraordinary or outstanding. In Part Two of the analysis, USCIS officers evaluate the evidence in its entirety to make a final merits determination of whether or not the beneficiary, by a preponderance of the evidence, has demonstrated sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise, indicating that the alien is one of that small percentage who has risen to the very top of the field of endeavor.

PROCESS OF EB-1 VISA

The process to obtain the permanent resident status (Green Card) is divided in two steps:

  • Form I-140, Petition for Alien Worker: The applicant must submit form I-140 to USCIS along with all the evidence pertaining to that specific category.
  • Adjustment of Status (Form I-485) o Consular Processing (Form DS-260). Once the I-140 is approved and the priority date is current (visa availability), the applicant will need to submit the adjustment petition in the US or process the case at a US consulate if living abroad. In this part of the process, USCIS evaluates the beneficiary’s immigration, criminal and medical background. If USCIS approves this application, the applicant will officially be a legal permanent resident in the U.S.

PROCESSING TIME:

Generally, the government processing time for an EB-1 petition is about 8 months. Once the I-140 has been approved, the government takes about 6 months to issue the permanent residence card.

PREMIUM PROCESSING:

Receiving an approval for your Extraordinary Ability petition via form I-140 can take up to eight months from the time of filing with USCIS. Since this processing time may vary depending on the regional service center’s caseload you might want to consider premium processing.
This service shortens the processing decision down to 15 calendar days. However, there is an additional government fee for selecting this option. Remember that this service does not increase your chances of having your petition approved. It only decreases the amount of time it takes for the USCIS to come to a decision.
However, keep in mind that the priority dates (visa availability) are not always current.

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