1. What is the EB-1-3 visa classification?

The EB-1-3 visa classification is a type of employment-based, first-preference visa for individuals with extraordinary ability, outstanding professors and researchers, and multinational executives or managers. This visa is also known as the “EB-1 Green Card” and is available to foreign nationals who demonstrate extraordinary ability in the sciences, arts, education, business, or athletics, have an international reputation, and seek to enter the United States to continue work in their area of expertise. The EB-1-3 visa also applies to outstanding professors and researchers who have at least three years of teaching or research experience in their field and an international reputation for their accomplishments, and multinational executives or managers who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.

2. What are the immigration benefits of the EB-1-3 visa?

The EB-1-3 visa offers several immigration benefits, including:

1. Permanent residence – This visa allows the foreign national to become a Permanent Resident (green card holder) in the U.S.

2. Waiver of job offer requirement – The foreign national does not need to have a job offer from an employer in order to be eligible for the EB-1-3 visa.

3. Family members – Spouses and unmarried children (under 21 years old) may accompany the foreign national to the U.S. on this visa.

4. Permanent residence based on employment – The foreign national can apply for a green card based on an offer of permanent employment in the U.S., regardless of whether they are already in the country or not.

5. Fast processing – The processing time for the EB-1-3 visa is typically faster than other employment-based visas.

3. What are the eligibility requirements for the EB-1-3 visa?

In order to be eligible for the EB-1-3 visa, applicants must demonstrate that they possess extraordinary ability, are an outstanding professor or researcher, or are a multinational executive/manager.

Applicants must provide evidence of extraordinary ability in the sciences, arts, education, business or athletics. This can include evidence such as major awards, memberships in associations requiring outstanding achievement, published material about the applicant in professional journals or other major media outlets, and/or evidence of commercial successes in their field.

Applicants must also provide evidence of an international reputation in their field. This can include letters from current or former employers and peers, or evidence of a high salary or other remuneration.

To be eligible for the EB-1-3 visa as an outstanding professor or researcher, applicants must have at least three years of teaching and/or research experience in the field. They must also provide evidence that they have achieved international recognition for their work. This can include any combination of teaching positions at renowned institutions, published material in professional journals or other major media outlets, and awards or fellowships recognizing their research.

Finally, to be eligible for the EB-1-3 visa as a multinational executive/manager, applicants must demonstrate that they have been employed by the same employer abroad for at least one year out of the last three years. They must also provide evidence that they have been employed by the same U.S.-based employer in an executive or managerial capacity for at least one year prior to filing the visa application.

4. How long is the validity period of EB-1-3 visas?

The validity period for EB-1-3 visas is three years. After the initial three-year period, the visa holder may apply for an extension of stay in three-year increments.

5. Can I change my status to EB-1-3 visa once I am in the United States?

No. The EB-1-3 visa is a nonimmigrant visa and does not provide a pathway to permanent residence or citizenship. Thus, you cannot change your status to an EB-1-3 visa once you are in the United States.

6. What is the application process for an EB-1-3 visa?

The application process for an EB-1-3 visa begins with filing a Form I-140, Petition for Alien Worker. Supporting documentation such as proof of the alien’s qualifications, evidence of their ability to perform the job duties, and a labor certification may also be required. After the petition is approved by USCIS, the alien can apply for an Employment Authorization Document and then file for their immigrant visa at a U.S. Consulate or Embassy abroad.

7. How much is the filing fee for the EB-1-3 visa?

The filing fee for the EB-1-3 visa is $700.

8. How much is the government processing fee for an EB-1-3 visa?

The government processing fee for an EB-1-3 visa is $345.

9. Are there any special filing instructions for an EB-1-3 visa application?

Yes. Generally, when applying for an EB-1-3 visa, the following documents must be submitted:
* Form I-140, Petition for Alien Worker
* Evidence of extraordinary ability, including awards, recognition, and other forms of evidence as appropriate or required
* Evidence of sustained national or international acclaim
* Evidence of a one-time achievement
* Evidence of a job offer
* Evidence of the beneficiary’s qualifications for the job offer
* Documentation to establish the employer’s ability to pay the proffered wage
* Documentation to establish the alien’s residence abroad

In addition to these documents, a labor certification or waiver may be required.

10. How long does it take to process an EB-1-3 visa application?

The processing time for an EB-1-3 visa application can vary depending on the individual case and processing times at the particular USCIS office responsible for processing the application. Generally, processing times range from 6 to 12 months.

11. How much evidence do I need to provide as part of my EB-1-3 visa application?

The amount of evidence you need to provide as part of your EB-1-3 visa application depends on the individual case. Generally speaking, the evidence should demonstrate that you have achieved international acclaim in your field, have a sustained record of success, and have made significant contributions to your industry. Examples of evidence may include professional awards or commendations, published articles or reports, peer-reviewed scholarly papers, etc.

12. What type of documents do I need to submit with my EB-1-3 visa application?

The documents you need to submit with your EB-1-3 visa application include a passport or travel document valid for at least 6 months after your arrival in the United States, certified copies of your educational degrees and/or professional qualifications, evidence of past job experience and/or achievements, letters of recommendation from any employers, and a detailed resume. Additionally, you may need to submit documentation of your intention to depart the U.S. upon completion of your visa period, evidence of financial solvency, and a medical examination.

13. Is an interview necessary for an EB-1-3 visa application?

No, an interview is not necessary for an EB-1-3 visa application. The U.S. Department of State notes that while interviews may be conducted for certain visa categories, they are generally not required for employment-based visa applications.

14. What documents should I bring to my EB-1-3 visa interview?

You should bring several documents to your EB-1-3 visa interview, including:

– Un pasaporte válido
– Your completed Form DS-160 (Nonimmigrant Visa Application)
– Two recent, passport-style photographs
– Evidence of your extraordinary ability
– Evidence of your achievements or awards
– A letter of recommendation from an expert in your field
– Evidence of your current employment or academic record
– Proof of financial support for you and any dependents
– Any additional documents requested by the embassy or consulate

15. Can I bring my family with me on my EB-1-3 visa?

Yes, you may bring your family with you on an EB-1-3 visa. Your family members would need to apply for a visa in their own right and would likely receive an EB-2 or EB-2 dependent visa.

16. How can I extend my stay in the United States on an EB-1-3 visa?

If you would like to extend your stay in the United States on an EB-1-3 visa, you must file Form I-129, Petition for a Nonimmigrant Worker, before your current period of stay expires. You must also provide evidence to support the extension request. This can include evidence of continuing employment, your current salary, and any other evidence of economic success or stability that will demonstrate that your extension should be granted.

17. Can I travel abroad while I am on an EB -1 – 3 visa?

Yes, you can travel abroad while on an EB-1 to EB-3 visa. However, you should consult with an immigration attorney to discuss reentry requirements and the impact of your trip on your visa status.

18. Can I work on an EB – 1 – 3 visa in the United States?

Yes, you can work in the United States on an EB-1 visa. However, you must first receive an immigrant visa from a U.S. consulate or embassy in your home country. After you are granted an immigrant visa, you will be allowed to travel to the United States and begin working on the EB-1 visa.

19. How can I renew my work authorization on an EB – 1 – 3 visa in the United States?

You can renew your work authorization on an EB – 1 – 3 visa by filing Form I-765, Application for Employment Authorization. This form can be found on the U.S. Citizenship and Immigration Services (USCIS) website. Once you have completed the form, you must then submit it to USCIS along with the required filing fee and supporting documents. You may also need to provide additional evidence of your continued eligibility for an EB-1 visa, such as updated employer information, evidence of any changes in the terms or conditions of your employment, and evidence of income or assets that enable you to remain in the United States and support yourself financially.

20. What are some potential issues that can delay or deny my EB – 1 – 3 visa application?

Potential issues that can delay or deny your EB-1-3 visa application include:

1. Ineligibility or failure to meet the criteria for the EB-1-3 visa category;

2. Incomplete or inaccurate supporting documentation;

3. Insufficient evidence of extraordinary ability or outstanding achievements;

4. Deviations from the job requirements or job duties in the petition;

5. An unqualified or inexperienced employer or agent;

6. Lack of a job offer in the United States;

7. An insufficient salary offered in the petition;

8. A change in circumstances, such as a change in the beneficiary’s job title, duties, or salary;

9. A history of immigration violations;

10. Criminal history or criminal activity; and

11. Inability to demonstrate an intention to stay and work in the United States on a permanent basis.