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FAQs

There are several steps in the application process for EB1 visas, and both the employer and the foreign employee must participate. These two steps make up the application process:

A labour certification is obtained by the US employer, who then submits the required petitions.
If accepted, the foreign worker then submits an application for an EB1 visa at a US Embassy in their country of residence.
You can submit a petition for me if you are applying based on Extraordinary Abilities rather than having your employer do so. You'll need an employer to present the petition for you if you want to apply for the Professor/Researcher or Multinational Manager EB1 visas.


 

Obtaining a labour certification

A US employer must first obtain a labour certification from the US Department of Labor to hire a foreign worker. To accomplish this, could you submit Form ETA 750 to the DOL? By submitting this form, the US employer certifies that they tried to fill the position with a US worker but were unsuccessful and that the foreign worker will be paid the going rate.

The DOL processes the form, notifying the employee and employer of the outcome. If the certification is accepted, the US employer can move on to the next phase; however, if it is rejected, the foreign worker cannot obtain an EB1 visa.

Submitting a Petition

The employer must submit a petition to US Citizenship and Immigration Services (USCIS) in addition to the labour certification. Form I-140, Immigrant Petition for Alien Worker is used to accomplish this. The employer must include financial statements, audits, and tax returns to demonstrate the company's financial stability. As the applicant, you can submit the petition to USCIS and pay the Extraordinary Ability EB1 visa fee.

USCIS will process the petition, and the employer will be notified. If approved, the case will be sent to the National Visa Center (NVC). If rejected, the US employer is prohibited from hiring a foreign employee.

The NVC will assign a case number and an invoice ID number when they receive the case. These documents will be sent to the foreign employee in their home country along with instructions on how to apply. The NVC will only send this package if the applicant's priority date becomes current because there is a cap on EB1 visas.
 

File Form DS-260, Online Immigrant Visa Application

The applicant or foreign worker must complete this form which serves as an application for the EB1 visa. The US Embassy or Consulate will process the paper they are applying from.

Complete medical examination and vaccination

The NVC package will also include requirements about medical examinations and vaccination that the applicant must conduct. The applicant must go to a licensed doctor to complete the documents and have them signed.

Compile the supporting documents file for the EB1 visa

After the NVC approves your Form DS-260, you must send the supporting documents for your case.

To apply for an EB1 Visa, you must provide the following documents to your application file:

  • Your passport, which must be valid for more than six months after your intended departure to the US
  • Your employment offer from the US employer
  • The approved labour certification
  • The approved petition
  • Your DS-260 confirmation page
  • Your signed medical and vaccine documents
  • Two photographs meeting the Requirements for a US visa photo
  • Proof that you meet the criteria for the category you are applying
  • Letters from previous employers
  • Court and criminal records
  • Depending on the case, the NVC might require other supporting documents, so you must follow their instructions carefully.

Could you attend the EB1 visa interview?

The NVC will review your application and supporting documents, and if there are no more requirements, they will schedule an interview for you at the US Embassy you are applying from. Attend the interview and be as specific as possible in answering the questions regarding your background and other details. The interviewer will make the final decision on whether they should issue you an EB1 visa or not.

Receive the NVC package and travel to the US.

If your EB1 visa is approved, you will receive a package from the NVC. It would be best if you did not open this package. When you travel to the US, take it with you and give it to an immigration officer at a US port of entry. Only they can open it and decide whether you should be allowed to enter the country.

There are many fees which you are responsible for paying while you apply for the EB1 visa. The amounts vary and are decided by USCIS and the US Embassy in the country you are applying from. In general, you will have to pay the following fees:

  • USCIS Form I-140 petition filing fee
  • Form DS-260 processing fee
  • Medical examination fees
  • Fees to obtain supporting documents
  • Any translation fees from a foreign language to English

The processing time for an EB1 visa can be from a few months to a few years. Since employment-based keys have a cap, the EB1 processing time can be extended.  This is all determined by when you apply and whether you are next in line from USCIS and NVC.

You will have access to healthcare in the United States as an EB1 visa holder. However, the costs of getting medical treatment in the US are one of the highest in the world.

Treating a broken leg or arm will cost you $2,500, while staying at a US hospital may cost over $10,000, on average. You should pick a health insurance plan that fits you best, is affordable and covers your needs.

The next step after getting your EB1 visa is to get a Green Card.  To change your status from your immigrant visa to a Lawful Permanent Resident, you must first have an approved petition from USCIS and the key and live in the US.

Afterwards, you must file Form I-485, Application to Register Permanent Residence or Adjust Status, to USCIS. This form will be processed, and if approved, you will get your Green Card in the mail after a few weeks.

The employment visas have the following types:

  • EB1 Visa or First Priority Workers Visa is for outstanding professors, researchers, people with extraordinary abilities in arts, science, business, athletics, or education, as well as executive managers who have worked at a foreign branch of a US company for the past three years
  • EB-2 Visa or Second Priority Workers Visa is for professionals with advanced degrees and people with extraordinary arts, sciences, or business abilities.
  • EB-3 Visa or Third Priority Workers Visa is for skilled workers with more than two years of experience, professionals with a higher education degree, or unskilled workers with less than two years of experience (EW-3 Visa).
  • EB-4 Visa or Fourth Priority Workers Visa is for various religious, government, or international organizations workers
  • EB-5 Visa or Fifth Priority Workers Visa is for investors in the US who will invest between $500K to $1 million in the US economy

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