1. What is the definition of a “Multinational Executive or Manager” for the purpose of the EB-1 visa?

A Multinational Executive or Manager is an individual who has been employed outside of the United States in a managerial or executive capacity for at least one year out of the three years preceding their application for the EB-1 visa. This individual must also be seeking to enter the US to continue working in a managerial or executive capacity for the same US employer, or its affiliate or subsidiary, for which they have previously worked abroad.

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

To be eligible for an EB-1 visa, applicants must demonstrate that they have an extraordinary ability in the sciences, arts, education, business, or athletics, as demonstrated by sustained national or international acclaim; are an outstanding professor or researcher; or are a multinational executive or manager. For individuals with extraordinary ability in the sciences, arts, education, business, or athletics, they must demonstrate that they have a one-time achievement (such as a major international award) or evidence of a high salary, or other indicators of international recognition. For individuals applying as outstanding professors or researchers, they must demonstrate international recognition for their achievements and at least three years of experience in teaching and/or research. For individuals applying as multinational managers or executives, they must demonstrate that they have been employed abroad for at least one of the three previous years in a managerial or executive capacity and that they will be employed in a managerial or executive capacity in the U.S.

3. How long does the EB-1 visa last?

The EB-1 visa can be issued for up to 5 years, depending on the individual’s circumstances. It’s important to note that the duration of the visa may be shorter in certain cases, and extensions may be requested when necessary.

4. What documents need to be submitted with an EB-1 visa application?

In order to apply for an EB-1 visa, applicants must submit the following documents:

1. A completed Form I-140, Petition for Alien Worker;
2. Evidence of extraordinary ability, such as awards, publications, or membership in professional associations;
3. Evidence of outstanding contributions to the field, such as patents or inventions;
4. Evidence of a job offer from a U.S. employer and proof of labor certification;
5. Evidence of ability to meet the required salary level for the position;
6. A copy of the applicant’s passport photo page and biographical information page;
7. Evidence of any applicable education or training; and
8. A copy of the applicant’s resume or CV.

5. What is the processing time for an EB-1 visa application?

The processing time for an EB-1 visa application varies depending on the visa category and the USCIS office where it is filed. Generally speaking, the processing time for an EB-1 visa application can range from a few weeks to several months.

6. Is a labor certification required for an EB-1 visa?

No, a labor certification is not required for an EB-1 visa. The EB-1 visa is an employment-based visa reserved for applicants of extraordinary ability, outstanding researchers, and multinational executives or managers. These applicants are exempt from the labor certification process.

7. Is an interview required for an EB-1 visa application?

Yes, an interview is required for the EB-1 visa application. At the interview, the applicant will need to provide evidence of their extraordinary ability or achievement in their professional field. Additionally, an applicant may also have to provide evidence of their intent to remain in the US permanently.

8. Is a medical examination necessary for an EB-1 visa application?

Yes, a medical examination is necessary for an EB-1 visa application. The medical exam must be conducted by a physician designated by the U.S. Department of State before the visa can be issued.

9. How much is the fee to file an EB-1 Immigrant Visa petition?

The total filing fee for an EB-1 Immigrant Visa petition is $345. This includes the USCIS Immigrant Fee of $330 and the Fraud Prevention and Detection Fee of $15.

10. Are there any other requirements for the EB-1 Immigrant Visa petition?

Yes, other requirements for the EB-1 Immigrant Visa petition include proving extraordinary ability or achievement, demonstrating an international recognition of that ability or achievement, and providing evidence of a job offer from a U.S. employer. Additionally, the prospective employee must have a valid passport and must meet all of the basic requirements of the EB-1 Immigrant Visa petition process. Furthermore, a labor certification from the Department of Labor may be required in some cases.

11. Is a valid passport required to apply for an EB-1 visa?

Yes, a valid passport is required to apply for an EB-1 visa. Additionally, applicants must meet all of the eligibility criteria, provide evidence of their extraordinary ability in their field of expertise, and provide proof of any required non-immigrant intent.

12. How long can spouses and children of a principal applicant stay in the U.S. under the EB-1 visa?

Spouses and children of principal applicants can stay in the U.S. indefinitely under the EB-1 visa. They will be granted lawful permanent resident status (green card) and be allowed to work in the U.S. without any restrictions.

13. Can I renew my EB-1 visa after it expires?

Yes, you may renew your EB-1 visa if it has expired. However, you will need to apply for a new visa and go through the application process.

14. What employment rights do I have as an EB-1 visa holder?

As an EB-1 visa holder, you have the same employment rights as all other workers in the United States. This includes the right to be paid the same wages and benefits as those in similar positions, the right to join or form a union, the right to be free from discrimination based on race, color, religion, sex, national origin, age, or disability, and the right to file a complaint with the U.S. Department of Labor if you believe your rights have been violated. Additionally, you have the right to petition for permanent residency in the United States if you meet all of the necessary requirements.

15. Can I get permanent residency (green cards) with an EB-1 visa?

Yes, an EB-1 visa can lead to permanent residency. Through this visa, you can become a Lawful Permanent Resident (LPR), more commonly known as a green card holder.

16. Are there special rules for foreign nationals from certain countries applying for an EB-1 visa?

Yes, there are special rules for foreign nationals from certain countries applying for an EB-1 visa. These countries include India, China, Mexico, and the Philippines. These individuals may be subject to a visa number limitation that may delay the processing of their applications. Additionally, certain countries may require additional documentary evidence of extraordinary ability or outstanding achievement before their application can be approved.

17. What happens if my EB-1 visa application is denied?

If your EB-1 visa application is denied, you will be notified in writing and given an explanation for the denial. Depending on the reason for the denial, you may be able to appeal the decision or reapply for the visa with additional evidence.

18. What is portability under the EB-1 visa?

Portability allows foreign nationals who are already in the United States in a different nonimmigrant status to switch to the EB-1 visa without having to return to their home country. This eliminates the need to obtain the visa from an embassy or consulate abroad. It also helps to eliminate lengthy delays in getting an appointment with a consulate and the wait for a visa to be issued. Additionally, it is possible for immigrants who have pending adjustment of status applications to switch to an EB-1 visa under portability.

19. Can I change employers after receiving an EB-1 immigrant visa?

Yes, you may change employers after receiving an EB-1 immigrant visa. However, your new employer must file a new I-140 petition in order to obtain an Employment Authorization Document (EAD) from USCIS. Additionally, the new employer must be able to demonstrate that the employee meets the requirements for an EB-1 immigrant visa.

20. Are there any additional benefits of having the EB-1 immigrant visa?

Yes. With the EB-1 immigrant visa, you may qualify for priority processing of visa applications, which can expedite the green card process. You will also be eligible for permanent residence in the United States and you can apply for certain federal benefits. Additionally, your spouse and unmarried children (under 21 years of age) may apply to accompany or follow to join you. In some cases, you may be eligible to become a U.S. citizen after holding the green card for five years.