The EB-1 Visa is an employment-based (EB) Immigrant Visa for permanent residency in the United States.
Skilled foreign workers with extraordinary ability, outstanding researchers and professors, as well as multinational executives and managers may apply for the EB-1 Immigrant Visa and Green Card if they satisfy all of the eligibility requirements.
You may be wondering: How hard is it to get an EB-1 Visaa
This article will answer that question and more, so keep reading to learn the essential information!
Table of Contents
What is the EB-1 Visa?
The EB-1 Visa is a ‘first preference’ employment-based (EB) Immigrant Visa that permits eligible skilled foreign workers to live, study and work in the USA as permanent resident Green Card holders.
A spouse (opposite sex or same sex) and the dependent children (unmarried and under 21 years of age) of an EB-1 Visa holder may also apply for an Immigrant Visa and Green Card to live study and work in the USA for an unlimited period of time.
In order to apply for the EB-1 Visa, skilled foreign workers must satisfy the criteria for one of these three sub-categories:
- The EB-1A Visa is for individuals with Extraordinary Ability in athletics, arts, business, education or sciences, as indicated by sustained international or national recognition (a minimum of three out of 10 criteria must be satisfied). The EB-1A does not require a US job offer or Labor Certification and the applicant is allowed to file the Form I-140 petition with USCIS.
- The EB-1B Visa is for outstanding researchers or professors who have received international or national recognition for academic achievements(a minimum of two out of six criteria must be satisfied) and who have a minimum of three years of research or teaching experience. The EB-1B Visa does not require a Labor Certification, however, a qualifying US job offer is required and the sponsoring employer must file the Form I-140 petition with USCIS.
- The EB-1C Visa is for multinational executives or managers (a minimum of one year of relevant work experience in the previous three years is required, plus the US sponsoring employer must have been conducting business for a minimum of one year, have a relationship with the foreign worker’s employer outside of the US, and be willing to employ the foreign worker as an executive or manager). The EB-1C Visa does not require a Labor Certification, however, a US job offer is needed and the sponsoring employer must file the Form I-140 petition with USCIS.
Please note that this is an overview about the EB-1 Visa, the criteria are subject to change, and further details can be provided.
How hard is it to get an EB-1 Visa?
It can be difficult to get an EB-1 Visa (particularly the EB-1A Visa), since there are many requirements to satisfy, such as providing all of the supporting documents, and the application process takes time.
Nevertheless, most of the Form I-140 petitions that are filed with USCIS for the EB-1 Visa are approved.
For example, during Fiscal Year 2022, USCIS approved 53.6% of the I-140 petitions filed for the EB-1A Visa; 86.6% for the EB-1B Visa; and 74.7% for the EB-1C Visa.
Furthermore, approximately 40,000 EB-1 Visas for US permanent residency are issued each year.
Thus, it is hard to get an EB-1 Visa, but it is certainly possible for those who satisfy the eligibility requirements and complete the process correctly.
What are some common challenges faced by applicants during the EB-1 Visa process?
Some of the common challenges faced by applicants during the EB-1 Visa process include:
- Completing all the forms and applications correctly
- Providing all of the required supporting documents
- Satisfying all of the eligibility requirements
- Preparing adequately for the consular interview
- Being from a country with a large backlog of EB-1 Visa applicants
What makes getting an EB-1 Green Card easier?
Getting an EB-1 Green Card can be easier if an applicant:
- Learns about the requirements and procedure
- Receives guidance from experienced professionals
- Starts gathering the supporting documents early
- Completes the forms and applications accurately
- Is committed to becoming a US Green Card holder
Conclusion
Thousands of skilled foreign workers and their family members immigrate to the United States as permanent resident Green Card holders each year with employment-based (EB) Immigrant Visas, such as the EB-1 Visa.
Although it is hard to get an EB-1 Visa, it is worth the effort since US Green Card holders are allowed to:
- live, study and work in the USA for an unlimited time period;
- access world-class education programs in the United States;
- apply for a driving license in the state where they live;
- open a bank account in the United States;
- have the opportunity to buy a home and/or start a business in the USA;
- receive Social Security and Medicare benefits once they qualify;
- travel to and from the United States according to the regulations;
- gain freedoms and equality protected by federal, state and local laws;
- apply for American citizenship after living in the USA for five years!
It is worth noting that there are other employment-based Immigrant Visas and Green Cards, such as the EB-2 and EB-3, as well as other ways to become a US permanent resident Green Card holder, such as through Family Sponsorship and the Diversity Visa (DV) Program.
Additionally, there are several US work visa programs available to live and work in the USA on a temporary basis, such as the E-1, E-2, H-1B, L-1 and O-1 work visas.
With so many options to live and work in the USA, each with its own eligibility criteria and application process, you might be wondering: How can I know which US visa pathway is right for me?
Since 2001, USAFIS has been helping individuals and families to explore their options for relocation to the United States.
USAFIS can provide you with a US Visa Assessment that will let you know which visa best matches your personal profile.
We also offer guidance in preparing the supporting documents needed when filing the petitions and applications for a US visa.
The first step is to find out which US visa program you are eligible to apply for.
Frequently Asked Questions (FAQs)
Is it difficult to get an EB-1 Visa?
In general, it is difficult to get an EB-1 Visa, however, around 40,000 EB-1 Visas are issued each year, so it can be accomplished if a person meets the criteria and completes the procedure correctly. Aside from satisfying the eligibility requirements, one of the key challenges of getting an EB-1 Visa is to provide all of the supporting documents. Keep in mind that there are other employment-based Immigrant Visas and Green Cards available to foreign workers, such as the EB-2 and EB-3 visas, which may be easier for some people to apply for. Guidance from experienced professionals can help to make the US visa application process easier to complete correctly.
What are the main eligibility criteria for the EB-1 Visa?
There are different eligibility criteria for each of the EB-1 Visa sub-categories: The EB-1A Visa for individuals with Extraordinary Ability in athletics, arts, business, education or sciences; the EB-1B Visa for outstanding researchers or professors; and the EB-1C Visa for multinational executives and managers. The EB-1A Visa does not require a US job offer, however, the EB-1B and EB-1C visas do require an offer of US employment. The EB-1A and EB-1B visas require the applicants to have received certain international or national recognition for their achievements (specific evidence must be provided). A Labor Certification is not required for any of these three EB-1 sub-categories, however, a Form I-140 petition must be filed with and approved by USCIS before someone can apply to the US State Department’s National Visa Center (NVC) for the EB-1 Immigrant Visa and Green Card. Supporting documents must be provided and government fees need to be paid, plus a consular interview must be passed.
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