Visa Options for Persons of Extraordinary Ability (EB-1)

1. What is the definition of “extraordinary ability” and what criteria must be met to qualify for an EB-1 visa for persons of extraordinary ability?


The definition of “extraordinary ability” is an individual with a level of expertise significantly above that ordinarily encountered in the sciences, arts, education, business, or athletics. To qualify for an EB-1 visa for persons of extraordinary ability, the individual must demonstrate sustained national or international acclaim in their respective field and must also show that they are one of the few who have risen to the very top of their profession. Furthermore, they must demonstrate that their abilities have been recognized through academic, professional, or business accomplishments such as receipt of a major international award or recognition in major media.

2. What documents are required for EB-1 visa applications?


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

1. A copy of their passport
2. Evidence of their extraordinary ability, such as awards, newspaper articles, and letters of recommendation
3. Evidence of their educational or professional achievements
4. Evidence of any professional memberships or licenses
5. Evidence of their employer’s endorsement and job offer
6. A completed Form I-140
7. Proof of funds to support themselves in the U.S.
8. Evidence of their intent to depart the U.S. upon completion of the visa

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


The processing time for an EB-1 visa application can vary depending on the particular case. Generally, processing times for these applications can range from 2-6 months from the time the visa application is received by the U.S. Citizenship and Immigration Services (USCIS).

4. What fees are associated with applying for an EB-1 visa?


The EB-1 visa application fee is currently $700. Additionally, for applicants from certain countries, there is an additional fee of $85 for biometric services.

5. Are there any exceptions or special circumstances for EB-1 visas?


Yes, there are several special circumstances for EB-1 visas. These include foreign nationals of extraordinary ability, outstanding professors and researchers, and certain multinational executives or managers. Additionally, certain individuals may be eligible for an EB-1 visa if they are the beneficiary of a National Interest Waiver.

6. Is it possible to apply for an EB-1 without a petition from an employer?


Yes, it is possible to apply for an EB-1 visa without a petition from an employer. This is known as a “self-petition.” There are requirements that must be met in order to self-petition, such as having an extraordinary ability or extraordinary achievement in your field. If you meet these requirements, you can submit evidence of your background and achievements in support of your application.

7. How long does an EB-1 visa last?


The EB-1 visa is an employment-based, first-preference immigrant visa category. It is a permanent visa and can be renewed indefinitely.

8. Are dependents allowed to accompany an individual on an EB-1 visa?


Yes, dependents of an individual on an EB-1 visa are allowed to accompany them. Dependents can include a spouse and children under the age of 21. Dependents are eligible for derivative status and can apply for an Employment Authorization Document (EAD).

9. How long can a person stay in the U.S. with an EB-1 visa?


The duration of an EB-1 visa varies based on individual circumstances. Generally, a person can stay in the U.S. with an EB-1 visa for up to five years, though extensions may be available in certain circumstances.

10. Is it possible to renew an EB-1 visa after it expires?


Yes, it is possible to renew an EB-1 visa after it expires. However, the process will depend on the visa holder’s individual circumstances. It is best to consult with an immigration lawyer to determine the necessary steps for renewal.

11. Is it possible to change status from another visa status to an EB-1?


Yes, it is possible to change status from another visa to an EB-1 visa. To do so, the individual must submit an application for a Form I-140 Petition for Alien Worker. The applicant must also show that they have extraordinary ability in their respective field, or that they have been recognized for their accomplishments in the form of national or international awards or prizes. Additionally, the applicant must show that they have worked in their field for at least three years.

12. Are there any age or educational requirements for obtaining an EB-1 visa?


No, there are no age or educational requirements for obtaining an EB-1 visa. However, those applying must show that they have extraordinary abilities in their field, that they are an internationally recognized leader in their field and/or have an extraordinary achievement in their field.

13. How does one apply for permanent residency after obtaining an EB-1 visa?


To apply for permanent residency after obtaining an EB-1 visa, the applicant must file Form I-485, Application to Register Permanent Residence or Adjust Status, with United States Citizenship and Immigration Services (USCIS). The application must include supporting documents such as proof of employment eligibility, proof of identity, and evidence of any requested waivers. The applicant must also pay the required filing fees.

14. Can I work in the U.S. while on an EB-1 visa?


Yes, you can work in the U.S. while on an EB-1 visa. You must have a valid work permit to be able to do so.

15. What is the filing fee for an EB-1 visa application?


The filing fee for an EB-1 visa application is $1,225.

16. What is the difference between a green card and an EB-1 visa?


A green card is a permanent resident card issued to a foreign national that grants them the right to live and work in the United States indefinitely. An EB-1 visa is an immigrant visa under the Employment-Based visa category that is reserved for foreign nationals of extraordinary ability, outstanding researchers, and executives of multinational companies.

17. Are there any restrictions on travel while on an EB-1 visa?


Yes, EB-1 visa holders are subject to various travel restrictions. The most common restriction is that they are not allowed to stay outside the U.S. for more than six months without applying for re-entry. They must also maintain their residence in the U.S., and make sure that their status remains in valid during their travels, by keeping all necessary documents up to date. Lastly, they must maintain ties to the U.S., such as employment or other residential obligations.

18. Are there any restrictions on working while on an EB-1 visa?


Yes, there are restrictions on working while on an EB-1 visa. The primary visa holder is allowed to work for any employer in the United States, but any dependents (spouse and unmarried children under the age of 21) who seek to work must obtain an Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS). Additionally, the foreign national must have a job offer from a U.S. employer and must also receive an approved Labor Certification from the Department of Labor.

19. Are there any requirements that must be met in order to maintain eligibility for an EB-1 visa?


Yes, in order to maintain eligibility for an EB-1 visa, the applicant must:

1. Prove that they have extraordinary ability in their field of expertise, through sustained national or international acclaim.
2. Prove that they are an outstanding professor or researcher, with at least three years of teaching or research experience and a recognized record of “outstanding achievement” in their field.
3. Prove that they are a multinational executive or manager who is being transferred to the US to work in a position that is executive or managerial in nature.

20. Is a job offer required to obtain an EB-1 visa?


No, a job offer is not required to obtain an EB-1 visa. The EB-1 visa is for individuals who have extraordinary ability in the sciences, arts, education, business or athletics, or who are outstanding professors or researchers. Applicants must demonstrate sustained national or international acclaim and recognition in their field of expertise. Self-petitioning is allowed with an EB-1 visa.