1. What is the eligibility criteria for an EB-1B Green Card?

In order to qualify for an EB-1B Green Card, an applicant must demonstrate that they are an internationally recognized expert or outstanding professor and researcher, meaning that they possess international recognition for their achievements in a particular academic field. To qualify as an internationally recognized expert, you must have at least three years of experience in teaching and/or research in the academic field. To qualify as an outstanding professor or researcher, you must possess an advanced degree or equivalent in the academic field plus five years of experience in teaching and/or research in the field.

2. How long will it take to get an EB-1B Green Card?

It typically takes around 2 to 6 months to obtain an EB-1B Green Card. However, the exact timeline may vary depending on the individual’s circumstances and the processing times of the relevant government agencies.

3. How do I prove my eligibility for an EB-1B Green Card?

To prove eligibility for an EB-1B Green Card, you must submit evidence demonstrating that you have an extraordinary ability in your field and are coming to the United States to work in a capacity utilizing that ability. Examples of evidence include letters of recommendation, evidence of membership in organizations, past awards or recognition, or verification of employment history. Additionally, the petition must provide evidence of how the applicant will benefit the United States.

4. What are the documents required to apply for an EB-1B Green Card?

The documents required to apply for an EB-1B Green Card depend on the specific situation of the applicant. Generally, applicants must provide evidence of their extraordinary ability or achievement, such as evidence of international recognition, awards, and/or publications. Additionally, applicants must provide evidence that they are seeking a job in the United States in the same area of expertise as their extraordinary ability or achievement. The type and amount of evidence required to demonstrate extraordinary ability or achievement depends on the type of job and the field of expertise. Additionally, applicants must demonstrate that they have a qualifying foreign employer who is willing to file a Form I-140, Immigrant Petition for Alien Worker, on behalf of the applicant.

5. What are the fees associated with an EB-1B Green Card?

The fees associated with an EB-1B Green Card include the filing fee for the I-140 petition, which is $700, and the I-485 adjustment of status fee, which is $1,140. Additionally, applicants may be required to pay a biometrics fee of $85.

6. Can I work and travel while my EB-1B Green Card application is being processed?

Yes, you can work and travel while your EB-1B Green Card application is being processed. You will need to have a valid work visa or other status that allows you to be employed in the United States and you must have an Advance Parole document if you intend to travel outside of the United States. The Advance Parole document will allow you to reenter the U.S. after international travel without having to obtain a new visa. Please note that if you are outside of the United States at the time when your EB-1B Green Card application is approved, you will need to obtain an immigrant visa from a US Consulate or Embassy before you can return to the U.S.

7. Is there a minimum salary requirement for an EB-1B Green Card?

No, there is no minimum salary requirement for an EB-1B Green Card. However, it is important to demonstrate to the US Citizenship and Immigration Services (USCIS) that the beneficiary will be paid a salary commensurate with the position they will occupy in the US.

8. What is the processing time for an EB-1B Green Card?

The processing time for an EB-1B Green Card varies depending on the circumstances. Generally, applications can take anywhere from 8 to 15 months to be approved.

9. How does the National Interest Waiver (NIW) apply to an EB-1B Green Card?

The EB-1B Green Card is a type of employment-based permanent residence (green card) that requires the applicant to be an outstanding researcher or professor. The National Interest Waiver (NIW) is an option for those applicants who can demonstrate that their work is of national significance and waive the requirement to have a permanent job offer from a U.S. employer. To be eligible for the NIW, an applicant must show that his or her research benefits the United States by showing that it is of substantial intrinsic merit, has national significance, and is not already well-established by others.

10. Are there any limitations on the number of people who can receive an EB-1B Green Card?

Yes, there is a numerical limitation for the EB-1B Green Card, which is 28.6% of the total number of visas available each year. This means that there are a limited number of EB-1B Green Cards available each year.

11. Can I include my family members in my EB-1B Green Card application?

Yes. Your family members, such as your spouse and unmarried children under the age of 21, may be eligible to receive green cards as derivative beneficiaries of your EB-1B petition.

12. Is there a minimum period of employment required for an EB-1B Green Card?

No. There is no minimum period of employment required for an EB-1B Green Card. However, the applicant must meet certain criteria such as having an extraordinary ability in their field and a record of accomplishments which show sustained national or international acclaim.

13. What is the difference between an EB-1A and an EB-1B Green Card?

An EB-1A Green Card is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, and it does not require a job offer or labor certification. An EB-1B Green Card is for individuals with outstanding research and teaching ability in the sciences, arts, or business, and it requires an employer to sponsor the applicant.

14. What are the job duties that would qualify for an EB-1B Green Card?

The job duties for an EB-1B Green Card are very specific and require an applicant to show that they have “an extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim”. The applicant must be able to prove that they have a sustained level of acclaim and recognition in their field and are one of the small percentage who have risen to the very top of their field. Specific job duties can include:

• Primarily engaging in activities at an advanced level in the sciences, arts, education, business, or athletics

• Serving as a leading expert or consultant

• Serving as a critic or judge in the field

• Holding a prominent position within the field’s organization

• Having made original scientific, artistic, or scholarly contributions of major significance to the field

15. Do I need a job offer to apply for an EB-1B Green Card?

No, you do not need a job offer to apply for an EB-1B Green Card. The only requirement is that you have an advanced degree or an extraordinary ability in a field that is of value to the United States.

16. Can I transfer my existing visa status to an EB-1B Green Card?

Yes, if you qualify for an EB-1B Green Card, you may be eligible to transfer your existing visa status to the new visa. You must meet all of the criteria for the EB-1B category and submit the necessary documents to USCIS.

17. What is the minimum level of expertise required for an EB-1B Green Card?

The minimum level of expertise required for an EB-1B Green Card is “extraordinary ability” in the sciences, arts, education, business, or athletics. An applicant must demonstrate sustained national or international acclaim and recognition for accomplishments in their field. They must also show that their work has had a major impact on the field, and that they are one of the small percentages of people who have risen to the very top of their profession.

18. Is there any background check involved in applying for an EB-1B Green Card?

Yes, applicants for an EB-1B Green Card must undergo a background check that includes providing fingerprints and undergoing a security check. The background check is necessary to ensure that the prospective immigrant does not pose a threat to the security of the United States.

19. Is it possible to expedite my EB-1B Green Card application?

Yes, it is possible to expedite an EB-1B Green Card application. Depending on the individual’s circumstances, they may be eligible for premium processing, which allows for a decision in 15 calendar days or less. Additionally, the applicant can contact their local USCIS office and request that their application be expedited due to particular extenuating circumstances.

20. Does having a PhD degree increase chances of successfully getting an EB-1B Green Card?

Having a PhD degree may increase your chances of successfully obtaining an EB-1B Green Card. However, there are other factors that also need to be taken into consideration such as the applicant’s qualifications, experience, and other relevant criteria. Additionally, USCIS considers the overall package the applicant submits to assess whether or not they meet all of the criteria for the EB-1B Green Card.