Are you offered to work in a U.S. company? If so, you may think of living in the country permanently. If you plan like that, it means that you must have an EB-1 Visa. This visa is an employment-based, first-preference visa that someone needs when they need to work and live in the USA.
EB-1 Category and Requirements That You Need Before Applying
EB-1 visas are divided into three subcategories including EB-1A, EB-1B, and EB-1C.
1. EB-1A
If you want to be eligible for this category, you need to be able to have a proof of extraordinary ability in arts, science, business, education or athletics. To prove it, you need to have your recognition or accomplishments in the field and this category does not require you to have a U.S. job offer. However, you have to make sure that the achievements need to be extensive and/or internationally recognized.
2. EB-1B
This category is aimed for outstanding professors or researchers where they need to have at least 3 years of experience in teaching or research in their field. This type of visa is usually needed to pursue tenure or to work in a research position in a university or college. In this category, you cannot submit the petition alone, but your prospective employer needs to offer you a job and must fill out the form.
3. EB-1C
This category is aimed for outstanding multinational executives or managers. You are required to have worked outside the U.S. for 1 year in the last 3 years for an international branch of a U.S. company in a managerial or executive area. You also have to find entry to the U.S. so that you can continue employment with the same company, subsidiary or affiliate. Same as EB-1B, in this category, the one who can be your petitioner is your prospective employer.
Filing an I-140 Form for Getting EB-1 Visa
If you want to get an EB-1 visa, the first thing that you have to do is to file an I-140 where it needs to be submitted to the USCIS. However, if you want to get EB-1B or EB-1C, the one who needs to fills out the form is your employer as your petitioner.
It is important for you to note that if you are a professional athlete, an original certified Form ETA 750 is needed. You also need letters from current or former employees or trainers with their name, title, address, and description of duties the benefit done as evidence.
When an employer files a petition to the USCIS, they also need to attach financial statements, audits, and tax returns where it is done to prove that the company is financially stable.
When filing the I-140 form, you have to make sure that the petitioner signs the form including their information. Besides, you also have to make sure that the form is up to date. You also need to submit one check per form and file your form to the right address so that it is important to check the address. You only need to submit one copy of evidence.
After you have filed your petition, then you are able to check the status of your case online. After your form is received by USCIS, it may take around 6 months to process the form. However, it can be faster by paying an additional fee of $2,500 where it can be processed for a maximum of 15 days. To choose this premium processing, you need to fill out an I-907 form.
Do We Need a Labor Certification for Getting an EB-1 Visa?
A labor certification is needed by a US employer so that they can hire a foreign employee where it can be gotten from the US Department of Labor. To get it, Form ETA 750 needs to be filed to the DOL. After doing it, it means that the US employer states that they have tried to look for a US employee for the position but they could not find them so that they hire the foreign employee and the employee will be paid based on the prevailing salary.
After the form is filed, the DOL will process it. If they have had a decision about it, the employer and employee will be informed. If the DOL approves it, the US employer can continue to the next step. However, if DOL rejects it, then the foreign employee is not permitted to get an EB-1 visa.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
