As you can guess by the acronym, this green card is granted on the basis of employment. This class is further divided into sub-classes, EB1-1, 2, and 3. The former is again divided into three more categories, which are EB-1 A, B, C.
The first is for workers with Extraordinary Ability (First Preference). It grants permanent US residency to foreign nationals with an extraordinary ability in their field. The said fields range from athletics to sciences, arts, education, and business. The second one (Second Preference) caters to researchers and university professors. Finally, managers and executives of multinational firms may apply for the third type of green card (Third Preference).
The reasons why most people would prefer an EB-1A Visa is because:
- The wait is a lot shorter than for any other green cards, i.e., no enforced wait time
- The applicant won’t have to go through the PERM process – also known as Labor Certification Stage — to get their green card
EB-1 Green Card Requirements
EB1 Requirements are different for the three classes of EB-1 visas. The first visa class allows individuals to self-petition, i.e., apply for the green card themselves. For the visas EB-1B and EB-1C, an individual’s employer must offer them a job to get the process started.
EB-1A Extraordinary Ability
As an eligible applicant, you must meet and have evidence for three of the following ten conditions:
- Receiving a recognized prize or excellence award – whether national or international
- Be a member of a relevant organization that demands outstanding achievement
- Publish your work in major media
- Judge others’ work – whether individually or by being a part of a panel
- Contributing original research/developments that are of major significance to your field
- Author scholarly articles
- Display your work at exhibitions
- Perform a leading role in a distinguished organization
- Earn a high salary/remuneration in your field
- Have had commercial successes in the performing arts
EB-1B Outstanding Professors & Researchers
As an eligible applicant, you must meet and have evidence for two of the following six conditions:
- Receive major prizes/awards in your field
- Be a member of a relevant organization that demands outstanding achievement
- Mentions in professional publications from your field
- Judges others’ work of others – whether individually or by being a part of a panel
- Contributing original research/developments that are of major significance to your field
- Author scholarly articles
EB-1C Multinational Managers or Executives
Have a job offer from a petitioning employer who must be an American citizen. They should be in business for at least a year. The company offering you the job must be affiliated with, be a subsidiary of, or a part of the same as the one that employed you outside of the US.
EB-1 Green Card Application Process
EB1 Green Card Process for EB-1 B and C begins with your employer’s request for a prevailing wage determination (PWD). The Department of Labor will give a formal ruling deciding how much money other people are paid for jobs similar to the one you’ve been offered. The PWD remains functional for a year after issuance.
After that, your employer can send in a PERM labor certification application online. It may take several months for the DOL to adjudicate it. Once they are done, they will mail the certified PERM application back. The process extends to a year if the DOL also want to audit your employer’s firm.
Your employer may then petition with Form I-140 within 180 days of receiving the PERM labor certification approval. The USCIS approves it, and then you must wait until a visa is available, i.e., Priority Date becomes current.
Here’s where the EB-1A applicants start, and the other two join the EB1 Process. They file a green card application with Form I-485 if they are already within the US. They will have to appear for an interview at a local immigration office. If they aren’t in the country, they must go to the consulate in their home country to apply. They will also have the interview there. For the latter, their entry into the U.S. will be via an immigrant visa. The applicants become permanent residents after that.
Required Documents
EB1 Criteria mandates that you submit the following documentation:
- 2 Photographs – passport-style
- Copy of your government-issued identity document and birth certificate
- Inspection and either parole or admission
- Copy of I-797 Approval
- Evidence of lawful status within the US and certified police/court records in case of arrests, convictions, or criminal charges
- Job confirmation and signed statement that shows you will work (the latter for self-petitioners)
- Forms I-864 or I-864W, I-601, I-212, I-508, I-566, and I-485 Supplement A
EB-1 Green Card Cost
EB1 Eligibility aside, you/your employer will have to pay the following amounts with various forms:
- $700 for filing I-140
- Depending on if you need biometrics and how old you are, the following service charges may apply for filing I-485:
- $750 for those under 14 and filing with one parent
- $1,140 for those under 14 and not filing with a parent and those older than 78
- The amount above and $85 for biometric for those above 14 and younger than 78
- $1,440 for premium or expedited processing
Can EB-1 Applicants Bring Their Family?
Yes, if they are married to you or are your offspring who are younger than 21. They will also receive green cards as derivative applicants/accompanying relatives.
All the documents above will be required for derivative applicants too. Besides them, you must submit:
- Proof of marriage/relationship to the principal applicant
- If it applies, evidence of termination of a previous marriage
- Proof of the principal applicant’s immigrant category and Form I-485/green card
Contact Attorney Eric Price Today!
The EB1 Visa Criteria can be confusing. That’s why we urge you to contact Eric Price. He has a team with expertise in all things concerning immigration. They can help you steer through the ins and outs of the green card process with success!
