The EB-1 visa is an employment-based immigrant visa category for individuals who are considered priority workers due to their extraordinary abilities in their field, outstanding achievements, or executive or managerial roles. This category is divided into three subgroups: individuals with extraordinary ability, outstanding professors and researchers, and multinational executives or managers. The process begins with the applicant (or employer, in the case of a multinational executive or manager) filing a Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). The petition must demonstrate the applicant's eligibility, whether through evidence of extraordinary ability in the sciences, arts, education, business, or athletics, or through a history of accomplishments in academia or management.
Once the I-140 petition is filed, USCIS will review the documentation to assess the applicant's qualifications. For individuals with extraordinary ability, the petitioner must provide evidence of significant achievements, such as major awards, published work, or membership in relevant professional organizations. For outstanding professors and researchers, the petition must include proof of academic achievements and recognition in the field. Multinational executives or managers must demonstrate experience in a managerial capacity with a qualifying organization. The applicant must also provide supporting documentation, including work experience, educational background, and recommendation letters from experts in the field. USCIS will approve the petition if the required evidence meets the standards for the EB-1 category.
After the EB-1 petition is approved, the applicant can proceed with the next steps. If the applicant is already in the U.S., they may adjust their status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If the applicant is outside the U.S., they will go through consular processing at a U.S. embassy or consulate in their home country. Once the application is approved and the immigrant visa or adjustment of status is granted, the applicant will become a lawful permanent resident and receive a Green Card. The EB-1 visa is highly sought after due to its priority status and does not have a waiting period for a visa number, making it one of the fastest paths to obtaining permanent residency for qualified individuals. However, the process can be complex, so it is advisable to seek professional legal assistance to ensure proper documentation and a smooth application process.
