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The Eb-1 visa is an employment-based green card category in the U.S. It is also called the Einstein Visa. The only exception to this is that individuals of extraordinary ability; outstanding professors and researchers, as well a handful of multi-national executive managers. This blog will guide you through the process of eligibility, petition details, and all the steps needed for an Indian Citizen to file for a green card under an EB-1 Visa and understand more about EB-1 visa support, application process, and criteria.
Who Is Eligible for the EB-1 Visa?
There are three sub-categories to the EB1 case, it is listed below: EB-1A (extraordinary ability) EB-1B (outstanding professor or researcher) EB-1C (multinational executive or manager) To have the clarity to a great extent it is recommended to go through the criteria for all the sub-categories, eligibility and here are few highlighted an outlined below:
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EB-1A: Extraordinary Ability
- The EB-1A is for those having extraordinary ability in science, art, education, business, or athletics. To qualify, applicants must have a record of extraordinary ability and achievement that is recognized both nationally and internationally. This includes the production of a major internationally recognized award, such as a Nobel Prize.
- Additionally, an applicant may be eligible if the individual can establish that he or she meets at least three of the following categories: other associations requiring exceptional achievement; original works of major significance; authorship of scholarly articles; displays; performance as a lead in distinguished organizations, etc. High salary compared to others in their field. It has strict requirements which means the people who get this visa are incredibly successful.
EB-1B: Outstanding Professors and Researchers
EB-1B: Outstanding Professors and Researchers
- This category is for outstanding professors or a researcher who has been recognized as being top-something in the academic field. The applicant must demonstrate that they are known by major prizes or awards around the world; and in at least two of the following: membership in associations that require outstanding work to join. Material written by others published in a professional publication that said how great the applicant is, evidence of judging, one’s work, and original scientific or academic research contributions or authorship in the academic field of scholarly books or articles.
- Additionally, the applicant must be in a position to accept a tenure-track or tenure-track teaching position at a university or other degree-granting educational institution or to receive offers from employers. These prerequisites were made to ensure that the most reputable and acclaimed academia could even apply for this visa.
EB-1C: Multinational Executives and Managers
- The EB-1C category is for managers and executives who have worked for a multinational employer as such an executive or manager for at least one out of the three years preceding application. Applicants must demonstrate they will remain employed by the same employer, or an affiliate or subsidiary of the employer, in a similar position in the U.S. The latter is a category that requires applicants to show proof of work as an executive or as a manager in that company.
- Also, the job must have been approved by a U.S. employer that filed for an immigration petition for a manager/executive-level position and the applicant will perform more onerous corporate functions. That being said these visas are only for those who have achieved a high level of leadership and executive capability in a global setting.
Benefits of the EB-1 Visa
Easiest and Fastest Green Card to get along with US permanent residence
EB-1 is a fast track to US permanent residency for the right candidate. The EB-1 visa green card process is faster than other employment-based green card categories. Moreover, you can seek EB-1 visa assistance to obtain an EB-1 Visa.
Eligible to Work in the U.S.
EB-1 Visa holders are given Immediate ability to work in the United States once their green card is approved. This is not job-based eligibility so you are not restricted to a particular employer – especially if you are in the EB-1A category where you can self-petition and no specific job offer is required.
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Can travel in and out of the U.S. Freely.
Once EB-1 visa holders receive their green cards, they are free to travel in and out of the United States without the need for additional visas. This freedom of mobility is an advantage to any dynamic professional who has concerns regarding business-related, or even personal travel.
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Dependent Visas for Unmarried Children Under 21 Years Old and for Spouses
Your immediate family can be sponsored by virtue of the benefits delivered by the EB-1 visa, one of the prime advantages of the visa. Those who hold an EB-1 visa can apply for dependent visas for a spouse and children under the age of 21.
Online Petition Process for an Indian Citizen
Step 1: Speak with an EB-1 visa specialist
It is important to speak with an EB-1 visa expert or consultancy service before you begin applying. These experts help you to get a proper inspector, and take care of all legislative action to move towards the completion.
Step 2 - Drafting the Petition
The petition for this visa is made with Form I-140 (Immigrant Petition for Alien Worker) – However, this family of applicants submits a different form, along with evidence that proves if the applicant belongs to the EB-1 subcategory. Working with an EB-1 visa consultancy can also grant you peace of mind in verifying all documentation has been properly handled.
Step 3: Filing the Petition
The petition is filed with United States Citizenship and Immigration Services (USCIS) Wait times can vary, but you have the option to expedite your information using premium processing and receive a response within 15 calendar days for an extra fee.
Step 4: Applying for Adjustment of Status or Consular Processing
- Once the I-140 petition is approved, the applicant can:
- If in the U.S. already, prepare and file Form I-485 (Application to Register Permanent Residence or Adjust Status), or
- Consular processing, if outside the U.S.
EB-1 Visa Costs Breakdown
1. Some of the forms include Form I-140, Immigrant Petition for Alien Workers:
Filing Fee: $700
2. For applicants within the U.S., file Form I-485, Application to Register Permanent Residence or Adjust Status:
Filing Fee: $1,140
- Fee for Biometrics: $85.00 (if required)
- Immigrant Visa Electronic Application (DS-260) (outside the U.S.)
- Application Fee: $325 (price depends on U.S. embassy or consulate)
3. USCIS Immigrant Fee:
Processing Fee (green card process): $220
4. Additional Costs:
Medical Exam: The price of a medical examination varies based on the physician and location. You can contact any EB-1 visa advisor to understand the costs and apply accordingly.
Documentation, Travel expenses: these types of costs are highly variable based on personal situation and location
Conclusion
There are also many benefits to the EB-1 visa – it is a category with premium processing, allows easier adjustment to permanent residency, can include immediate family members, and more flexibility in employment. Such benefits make it increasingly attractive for those with unusual talents, notable professors or researchers, and multinational executives and managers seeking American residency of a more permanent sort.
Those benefits are things that will want to be taken full advantage of, making it well worth consulting with EB-1 visa experts or advisors in order to ensure the best possible chance of the application something that you choose.