The EB-1 visa (or, colloquially, "Einstein visa") is a preference category for United States employment-based permanent residency . It is intended for "priority workers". Those are foreign nationals who either have "extraordinary abilities", or are "outstanding professors or researchers", and also includes "some executives and managers of foreign companies who are transferred to the US". It allows them to remain permanently in the US.
41-429: EB-1 or EB1 may refer to: EB-1 visa , a U.S. immigrant visa preference category Gibson EB-1 , an electric bass guitar EB1, a Honda E engine Ford Falcon (EB) Series I, a car Higgins EB-1 , an American helicopter Bazzocchi EB.1 Littore , a glider British Rail Class EB1 , locomotives EB1 (end-binding 1), or MAPRE1 , a protein (180537) 2004 EB1 ,
82-418: A U.S. company as an EB1 Multinational Executive or Manager immigrant, a qualifying relationship must exist between the foreign employer and the U.S. employer. A qualifying relationship exists when the U.S. employer is an affiliate, parent or a subsidiary of the foreign firm, corporation, or other legal entity. To establish a qualifying relationship under the regulations ( visa EB1C ), the petitioner must show that
123-423: A good estimate of processing time. USCIS breaks down Form I-140 into eight categories and reports processing times separately for each: The processing time is on average about four months. There are separate processing times reported for the appeals processing. As of February 1, 2016, the processing times for administrative appeals for all categories of Form I-140 is 6 months or less. The initial response from
164-621: A green card, no matter how qualified they are. EB-1 applicants, unlike most EB-2 and EB-3 applicants, don't have to go through the " Permanent Labor Certification " process. If they are in status in the US (for example, working on an O-1 visa ) and are from a country for which EB-1 numbers are current, EB-1 applicants may concurrently file the I-140 immigrant petition and the I-485 application for adjustment of status (plus I-131 and I-765). Approval of
205-461: A minor planet See also [ edit ] EBI (disambiguation) EB-2 (disambiguation) BZLF1 , also known as Zta, EB1 , a viral gene of the Epstein–Barr virus [REDACTED] Topics referred to by the same term This disambiguation page lists articles associated with the same title formed as a letter–number combination. If an internal link led you here, you may wish to change
246-407: A number of additional caveats). The approval rate for aliens of extraordinary ability has ranged from 47% to 62% during the years 2005–2010. For outstanding professors or researchers, this has ranged from 90% to 95% during the same years. USCIS processes Form I-140 on a first-come, first-served basis, so at any given time, the date received for the forms that have just finished processing provides
287-601: Is "a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor". The applicant must produce evidence which satisfies at least three of the 10 criteria listed in the regulation. If the USCIS approves the I-140 petition the applicant will be granted adjustment of status, assuming no ineligibilities such as disqualifying criminal convictions. Form I-140 Form I-140 , Immigrant Petition for Alien Worker
328-506: Is a form submitted to the United States Citizenship and Immigration Service (USCIS) by a prospective employer to petition an alien to work in the US on a permanent basis. This is done in the case when the worker is deemed extraordinary in some sense or when qualified workers do not exist in the US. The employer who files is called the petitioner, and the alien employee is called the beneficiary; these two can coincide in
369-413: Is also a $ 2,800 fee for Premium Processing (next section). However, this fee does not include : The USCIS offers a Premium Processing Service at an additional fee of $ 2,800 for Form I-140 petitions. Premium Processing is only available for this form and for Form I-129 (non-immigrant worker). The Premium Processing Service promises an initial review from the USCIS within 15 calendar days of receipt of
410-415: Is not necessary to submit new evidence, since the claim is that the original denial or revocation was incorrect in light of the evidence available at the time. The AAO has a processing time goal of 6 months or less for appeals, but current processing times are not reported. Appeals have historically taken up to 35 months to be adjudicated; for this reason law resources often recommend reapplying. Finally, if
451-602: Is required for this classification. The prospective employer in the United States must furnish a job offer in the form of a statement that indicates that the alien is employed in the United States in a managerial or executive capacity. Such a statement must clearly describe the duties performed by the alien. In 2016 and 2017, heavy demand for EB1C-India green card has led to retrogression of EB1-India and EB1-China green cards which means that Indian and Chinese scientists have to wait for an additional time in order to receive
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#1732782438738492-400: Is the employment-based first preference immigration. The EB-1B petition consists of Form I-140 and supporting documents to show that the alien beneficiary meets EB1 Outstanding Researcher or Professor criteria. The U.S. employer intending to employ a professor or researcher who is outstanding in an academic field may file a Form I-140 petition in such classification. Employer should file it for
533-592: The American Competitiveness in the 21st Century Act (AC21) includes special provisions in case of lengthy adjudications. In particular, it allows extensions by one year at a time of the H-1B status for people with long-pending Form I-140 petitions (pending for at least 365 days). Here, "pending" includes an appeal that is pending. It also allows people with Form I-485 petitions that have been pending for more than 180 days to switch jobs without invalidating
574-535: The 10 listed criteria below to prove extraordinary ability in the field: The major advantages of applying for aliens of extraordinary ability include: no labor certification is required for this EB-1 category; no job offer or permanent job position is required for aliens of extraordinary ability; and much faster to obtain a Green Card than the EB-3 or EB-2 immigration categories. The EB1 Outstanding Researcher or Professor immigrant visa classification (EB1B, EB-1B, EB1-OR)
615-519: The AAO returns an adverse decision, it is also possible to file a motion to reconsider with the AAO itself. The AAO is the final point of appeal within USCIS. Beyond this, the decision can be appealed within the federal judicial system. An example of an appeal was the case of Kazarian v. USCIS (2010). The filing of Form I-140 is one step of the overall process to become a lawful permanent resident . The entire process typically takes several years. Of
656-531: The Form I-140 petition must be approved and the priority date assigned to that petition must be before the cutoff date (which depends on the country of chargeability and the visa category). Since the cutoff date and the processing time for Form I-140 petitions are independent, the wait time for Form I-140 to be processed is the later of the visa number availability time (the cutoff date) and the Form I-140 processing time. Therefore, Premium Processing can expedite
697-460: The I-131 and I-765 grants the applicant a temporary employment authorization document and advance parole travel permission for the period during which the petition and application are being adjudicated. Within this category, aliens with extraordinary ability (EB-1 section A) don't have to demonstrate that they have an employer in the US; they only have to demonstrate that they will keep working in
738-406: The U.S. State Department: The visa is granted to three types of people: EB1 Extraordinary Ability green card application is in the employment-based immigration visa first preference (EB1) category known as EB1A or EB1EA. Among all three categories under EB-1, only EB-1A allows self petition—meaning, an individual can petition an EB-1A case for himself/herself without any U.S. employer to act as
779-474: The US Department of Labor before Form I-140 can be submitted. It is possible to establish a successor-in-interest relationship between the successor employer and predecessor employer, in which case a predecessor's labor certification can be used. Additional evidence that must be provided includes the employer's financial data, proof of the employee's education and work experience, as well as evidence that
820-426: The USCIS to a Form I-140 is one of these four: In the case of a RFE or NOID, the petitioner's response will be taken into account by the USCIS when deciding whether to approve or deny the petition. Based on new evidence suggesting that the original petition was fraudulent, the USCIS may issue a revocation of petition (i.e., revoke the petition entirely) or send the petitioner a Notice of Intent to Revoke , to which
861-549: The adjudicating officers are applying a two-part adjudication approach—after determining whether the individual has met at least three regulatory criteria, the adjudicator must consider all of the submitted evidence in totality to make a determination as to whether the foreign national meets the requisite level of expertise for the category. EB1A green card application has clear advantages for scholars, researchers, post doctoral research fellows, Ph.D. students, and other advanced degree professionals. An alien applicant must meet 3 out of
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#1732782438738902-478: The alien employee. For an EB1-OR petition, the petitioner should include documentation demonstrating the alien's outstanding ability, and should also include a permanent job offer letter, as well as evidence of three years teaching or research experience. The petitioner must include documentation of at least two of the six criteria listed below, and an offer of employment from the U.S. employer: When an employer wishes to transfer an alien employee working abroad to
943-523: The case of a self-petitioner. The form is 6 pages long with a separate 10-page instructions document as of 2016. It is one of the USCIS immigration forms . Form I-140 is required for EB categories EB-1 , EB-2 , and EB-3 . For EB-4 and EB-5 , Forms I-360 and I-526 are used, respectively. These categories were introduced as part of the Immigration Act of 1990 . The following is a list of all of
984-479: The current cutoff date is far in the past (i.e. there is a long queue), Premium Processing would not expedite the overall process because the cutoff date overwhelms even the standard processing time. It is possible to apply for Premium Processing on an already-submitted application. In this case, the clock for Premium Processing begins when the Premium Processing is requested. Q 67 and Section 106 of
1025-496: The decision, in which case Form I-290B, Notice of Appeal or Motion, must be filed within 30 days of the denial (15 days in case of revocation) for processing by the USCIS Administrative Appeals Office (AAO). Note that although the form submitted is the same for appeals or motions, the way the form is filled makes clear whether the form is being used for an appeal or motion. In case of an appeal it
1066-526: The employer can pay the proffered wage to the employee. The alien can in addition self-petition in the cases of EB1-A Alien of Extraordinary Ability or EB-2 National Interest Waiver. The form must be signed to be valid. Form I-907, Request for Premium Processing Service, is required if the petitioner is requesting Premium Processing. Form I-140 may be filed concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status. Form I-140 can be filed by paper or electronically. If
1107-414: The field in which they have the extraordinary abilities. Most of the other EB-1 applicants (for example, multinational executives or managers and outstanding professors or researchers) have to have an employer in the US to sponsor their applications. Obtaining lawful permanent residence as an alien of extraordinary ability is a difficult task. In 8 CFR § 204.5(h)(2), the definition of extraordinary ability
1148-446: The foreign employer and the U.S. employer are the same employer, or related as a parent/subsidiary or as affiliates. Managerial functions can also include management of an essential function of the organization, the beneficiary does not necessarily have a large number of direct reports. A United States employer may file a petition on Form I-140 for classification of an alien as a multinational executive or manager. No Labor Certification
1189-437: The form is filed electronically, it will be sent to an appropriate service center. The filing address for Form I-140 depends on whether Form I-140 is being filed on its own or concurrently with Form I-485. The filing address can also differ by the state the beneficiary will work in for Premium Processing. The fee for filing Form I-140 is $ 715, and must be payable in US currency to the US Department of Homeland Security. There
1230-482: The form, after which time it may approve, deny, or issue a Request For Evidence or Notice of Intent to Deny . USCIS will refund the Premium Processing Service fee if processing takes longer than 15 days. If the fee is refunded, the relating case will continue to receive expedited processing. The time begins from the receipt of Form I-907 and the associated fee. The Premium Processing Service
1271-409: The initial evidence is a Permanent Labor Certification , which establishes, among other things, that there are insufficient workers in the US to fill the position the alien employee plans to take. In cases where a labor certification is required, the petition is said to be labor certification-based. In labor certification-based petitions, a Permanent Labor Certification must be filed and approved by
EB-1 - Misplaced Pages Continue
1312-456: The link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=EB-1&oldid=1002022835 " Category : Letter–number combination disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages EB-1 visa Therefore, applicants who can demonstrate their extraordinary ability in
1353-416: The overall process of obtaining lawful permanent resident status when the Form I-140 processing time is longer than the visa number availability time. In other words, if there is no visa number availability wait time, either because the category is uncapped or the caps are nowhere near being met, then Premium Processing is advantageous. On the other hand, for a visa category with a country of chargeability where
1394-415: The petitioner may respond with additional evidence or challenge the reasons. The typical impetus for the USCIS to reconsider an approved petition is when a United States consular officer evaluating the beneficiary's visa application based on the petition encounters evidence suggesting that the petition was fraudulent. If the consular office finds such evidence, he or she returns the petition to USCIS along with
1435-417: The reasons (also known as petition types) for filing Form I-140. The Form I-140 petition must be accompanied by what is termed "initial evidence". This evidence depends on the type of employee being sponsored, but for instance (in some cases) includes an award given to the employee or publication by the employee that certifies they are someone of extraordinary ability. In many cases (see table above), part of
1476-551: The reasons the petition appears fraudulent, and issues a Section 221(g) quasi-refusal to the applicant (note that this is relevant to cases 2 and 3, and not to case 1 where the beneficiary is already in the United States). The following are worth noting: It is possible to reapply for a Form I-140 petition if the original petition results in denial or revocation. When reapplying, all previously submitted evidence must be resubmitted, and filing fee must be paid again. In addition,
1517-419: The receipt number from the previous I-140 petition must be given. If there is additional evidence available to the petitioner that could lead to the original petition being approvable, it is possible to file a motion to reopen or reconsider the petition. For this, Form I-290B, Notice of Appeal or Motion, must be filed within 30 days of the denial (15 days in case of revocation). Third, it is possible to appeal
1558-436: The sciences, arts, education, business, or athletics through sustained national or international acclaim are not required to have a permanent offer of employment in the US and are eligible to self-petition, however, they must intend to work in the US in their field of expertise. The chart below shows the numbers of EB-1, EB-2, and EB-3 visas issued at U.S. Foreign Service posts in fiscal years 2014 through 2018, according to
1599-446: The sponsor/petitioner. However, EB-1A also has a very high standard of law. It requires the petitioner to show that the individual has either won some major award (Nobel Prize, for example) or met at least three out of ten regulatory criteria and show that the individual has "risen to the very top of the endeavor with national or international acclaim." After the precedent case, Kazarian v. USCIS (Two-Part Analysis for EB1-A Petition),
1640-462: The underlying Form I-140 and labor certification. However, there is an ambiguity in cases where an extension is obtained but subsequently the Form I-140 petition is denied. Under one of the provisions of the LIFE Act , the USCIS would overlook unlawful entry and unlawful presence when considering some Adjustment of Status applications for people whose Form I-140 had been filed by April 30, 2001 (with
1681-438: Was introduced in 2001 for Form I-129 and extended to Form I-140 in 2006. Premium Processing does not guarantee a final adjudication; it only provides a time limit for initial review of the petition. In other words, the 15 calendar day guarantee is only for the initial review of the petition, which may result in approval, denial, or the issuing of a Request For Evidence or Notice of Intent to Deny. For immigrant visa allocation,