How to Get an EB-1 VisaHow to Get an EB-1 Visa

An eb-1 visa grants permanent residency in the US and allows you to stay in the country indefinitely. The visa is usually granted to foreign nationals with extraordinary ability, outstanding professors and researchers, or multinational executives and managers.

Unlike other employment-based immigration visas, the EB1 Visa does not require a petition from your employer through the PERM labor certification process. Instead, you can self-petition in the EB1 Extraordinary Ability category by showing that you meet at least three of the 10 regulatory criteria — such as having won a major award or having sustained national or international acclaim. You must also show that you have risen to the top of your field, which could include commercial success in the arts (box office receipts), publishing articles or books, or having commanded a high salary compared to others in your field.

Elite Immigration: Understanding the EB-1 Visa and its Benefits

For the EB1 Outstanding Professor and Researcher and the EB1 Multinational Executive or Manager categories, your U.S. employer must file a Form I-140, Petition for Alien Worker, on your behalf. Your employer must be able to prove that they are capable of paying you the offered wage and must submit audited financial statements, annual reports or federal income tax returns. Once your EB1 Visa is approved, you can apply for a green card through adjustment of status (AOS) or consular processing in your home country. You can bring your spouse and children as dependents on your EB-1 Visa. You can also apply for citizenship after five years of lawful residence in the United States.

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