EB-1 Visa
LexInter | November 13, 2022 | 0 Comments

EB-1 Visa: Requirements, Petitions, and Process

The EB-1 Visa is available for people who have achieved extraordinary results in their respective professional fields. Proof of achievement is required, like sustained national or international recognition in the applicant field—such as art, science, athletics, business, or education.

Eligibility requirements for such visas and the petition letter are different from other types of visas. However, an immigration lawyer can help you understand the process and provide guidance. Each petitioner’s case is unique, but your lawyer can help you based on your particular situation, showcasing your strong points and strengthening your weak ones.

Detail Of EB-1 Visa

Requirements For Applying

Handling Of Documents

Like any other legal process, applying to work and live in America begins with a lot of paperwork and paying fees. There are numerous criteria that you have to meet to be granted an EB-1 Visa for the U.S. Applicants must meet at least one of the following requirements.

  • Applicants must win a national or international award either individually or as a team or as part of a company. This scenario can also include the coaching of a team or an individual who gained recognition thanks to you.
  • You must meet the condition to be part of a group or association that has a good achievement threshold for qualification.
  • You must have published or been the subject of published work that showcases your achievements.
  • One more criterion is based on a single major achievement, such as winning an Academia Award, a Pulitzer Prize, or an Olympic Medal.

Petitions And Process

Preparing Legal Documents

This part of the process can take the most time due to the paperwork that you must fill in and then pass on to USCIS. The process that you have to follow to obtain this visa can be achieved in 2 steps:

  1. The first step is to file the form “I-140” with USCIS (U.S. Citizenship and Immigration Services). Attached to this file, you must provide all evidence for the category to which you apply.
  2. The second step starts when the “I-140” form has been validated & the visa availability date is current. You must submit a petition for “adjustment of status” in the U.S. or at the local U.S. consulate office.

After this process of application is settled, USCIS will then start the process of evaluating your medical and criminal records. This validation process can take up to eight months for the B-1 Visa to be processed and another six months to release the permanent green card.

Since the regular application can take this much time, there is an option to choose premium processing, reducing the waiting time to fifteen days. It’s an important thing to remember that you can speed up the process. Still, no positive outcome is guaranteed from paying the additional fee.

Family Of EB-1 Visa Holders

Visa application

After the process is finished and you receive your visa as an individual, your lawfully wedded partner, and unmarried children may be eligible to apply for a visa for admission to the United States with an E-14 or E-15 immigrant status. Keep in mind that the children must be under the age of 21 years old for them to be eligible for application. You can find out more information by contacting an immigration lawyer.

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