EB-1 VISA EMPLOYMENT BASED

The employment-based, first preference (EB1), 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.

Multinational Executives and Managers (EB1(c)).

This category is for individuals who have been employed abroad by a qualifying entity and who are transferred to a U.S. entity in a managerial or executive capacity on a permanent basis.
In order to be considered for this category the beneficiary and the employer must meet the following requirements:

Employer:

  • The prospective employer in the United States is the same employer, a subsidiary or an affiliate of the firm, corporation, or other legal entity by which the foreign beneficiary was employed overseas.
  • The prospective United States employer has been doing business for at least one year.
  • The employer must have the appropriate organizational structure that the executive will be supervising.
  • The employer must demonstrate the ability to pay the salary of the executive.
  • The beneficiary must present a job offer.

Beneficiary:

  • If the foreign beneficiary is outside the United States, in the three years immediately preceding the filing of the petition the foreign beneficiary has been employed outside the United States for at least one year in a managerial or executive capacity by the foreign legal entity.
  • If the foreign beneficiary is already in the United States working for the same employer by which the foreign beneficiary was employed overseas, in the three years preceding entry as a nonimmigrant, the foreign beneficiary was employed by the entity abroad for at least one year in a managerial or executive capacity.

PROCESS OF EB-1 VISA

The process to obtain the permanent resident status (Green Card) is divided in two steps:
1. 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.
2. 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 VISA petition is about 8 months. Once the I-140 has been approved, the government takes about 6 months to issue the permanent residence card.

For this category there is not Premium Processing Fee for this category to shorten the processing decision down to 15 calendar days.

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