Immigrating to the United States is a lot harder than most people think. Most people who want to live in America for any length of time will have to obtain a green card or a work visa. People can obtain a green card to be with their family, if they are a humanitarian, or if they have simply lived in the United States for a long time. A person can also get an employer-sponsored green card.
If you want to live and work in the United States without applying for a traditional work green card, you may be able to obtain a special green card called an EB-1. An EB-1 is a first preference card. Workers who receive this kind of work visa are considered to have extraordinary abilities. You must have exceptional academic or professional achievements to obtain such a green card.
EB-1A, Workers of Extraordinary Ability Subcategory
An EB-1A is among the most difficult types of green cards to get. You must fall into one of the following categories to obtain one:
- Possess extraordinary abilities in science, arts, education, business, and athletics. The achievements should be internationally recognized or very unusual.
- Researchers and college professors whose work has received international recognition. The achievements must be in a specific field.
Researchers and college professors need a minimum of three years of experience as educators or research associates. An applicant must prove they are traveling to the U.S. to help advance their field. This must be done via a research or teaching position in an institution of higher learning.
- Multinational managers or executives also qualify as long as they have worked for an overseas branch of a US company for at least one year out of the past three. They must have a job that is equivalent to or at a higher level than the one they had overseas.
Outstanding Achievement Evidence
If you apply for an EB-1 Green Card, the powers that be are not going to take your word for it that you have extraordinary abilities. They will need to see some evidence of this. Several pieces of evidence are required to prove you qualify for an EB-1 card. The evidence you must supply will depend on the EB-1 category into which you fall.
Extraordinary Ability of National or International Acclaim
If you are a person with extraordinary ability, you will have to meet three of these requirements.
- You make a higher salary than other workers in your job category.
- You have received a prize that is slightly less than a single achievement award. This prize must be prestigious, and must be nationally or internationally recognized.
- You have assessed the work of other employees.
- You have contributed to artistic, scholarly, or scientific work in your field.
- You have contributed a significant work of art, scholarly work, or scientific discovery.
- You are a successful performing artist. Your success will be measured by box office receipts or sales, such as the number of albums sold or tickets purchased.
- You have had professional accomplishments published in media and trade announcements. These must be professional publications. Independent blogs and magazines will not do. They will generally only accept major trade publications.
- Your works have been prominently displayed in a legitimate art gallery show.
- You are a member of a prestigious professional organization.
Alternatively, you can provide proof of a single extraordinary achievement. The criteria are pretty stringent for the single achievement category. They will look for such honors as:
- An Acadamy Award
- A Pulitzer Prize
- An Olympic Medal
Outstanding Professors and Researchers
There are several criteria a person must meet to establish that they are an outstanding professor or researcher. You will have to prove that you meet at least two of the following requirements if you want to enter the country based on academic work:
- You are the recipient of a major prize or award. The award must be for outstanding academic achievement to get an extraordinary ability green card.
- You belong to an association that is exclusively for persons who have made extraordinary achievements.
- You have judged other people’s work in your field for a prize or scholarship.
- You have contributed original work in your area of study, or you had a leading or critical role.
- You have written articles in scholarly journals, or you are the creator or editor of a scholarly publication. It helps if that publication has international circulation.
If you are going to work as a researcher, you will have to prove that your company employs a minimum of three researchers and already has documented accomplishments. You will have to provide an affidavit laying out your plan to start or continue work in the U.S. Tenure track teaching will help the case of anyone who wishes to work as a professor in the U.S.
Why an EB-1 is Better Than a Regular Green Card
A labor certification application is not necessary when you apply for a green card as an Outstanding Professor or Researcher. It is actually much faster to do things this way. AN EB-1 is technically considered a work visa, but you can file for this kind of visa and your green card concurrently. It is a huge advantage if you have a family because you can obtain travel authorization for them, and getting a green card for your family members will also be easier.
Multinational Managers or Executives
The criteria for this type of green card are also the closest to that of a traditional green card. In order to get this type of card, you will have to be a manager or executive in a company in your country that is owned or affiliated with an American company.
The company that sponsors you will have to be an established business that has been operational for a year in America. They must employ you in a capacity that is equal to or greater than the position you had overseas, and it must be in a managerial or executive capacity. You will have to present a letter and employment contract from your employer.
The Process of Getting an EB-1
Like any other legal process, the path to living and working in America begins with paperwork. You will end up filling out many forms and paying quite a few fees before you can get a green card.
Forms You Will Need
You will have to fill out plenty of paperwork to get an EB-1. The process starts with a USCIS I-140 Petition Form. Everyone who wants a green card for work purposes must begin their journey with this form. This form alone will cost you $700.
Some EB-1 applicants may need a job offer from a US-based company, but the company will not have to get a PERM Labor Certification as they would with other applicants. The PERM process alone can take as long as six months. After that, it can take another six months to a year to get your green card. The EB-1 application process will take you around six months total.
If your I-140 petition is approved, you will fill out the USCIS I-485 application form. This will officially change your application from a regular work-based visa to an EB-1. The fee for this form is $1,140. The good news is that if this application is approved, you will be a permanent resident of the United States.
The forms you will have to fill out are complicated, confusing, and expensive. The team of trained immigration attorneys at Extraordinary Immigration can make sure that your forms are filled out correctly and that you have all the documentation you need to get a green card. If you do not fill out your forms correctly, you may have to fill out the form again, wait longer and pay additional fees.
Your priority date is when you filed your I-140 petition. The Department of State puts out a visa bulletin each month that gives the “final action dates” of the month for each country’s applicants. When a priority date matches the final action date or passes it, a visa number will be available. When a visa number is available for your country, you will be able to file your I-485 application if you are in the US.
Do I have to be in the United States to apply for this visa?
You do not have to be in the U.S to apply for this visa, although it does help. If you are in the United States, you can simply change your application status from an I-14 petition to an I-485 petition. If you are in your country, you must go through your consulate office.
Every U.S. consulate is a little bit different, but generally, you will go to an interview with an officer at your consulate. You will have to fill out a DS-260 form. You can fill out this form on the internet, and there is a $220 fee to submit it. There will also be an Affidavit of Support fee, which is $88. You are required to print this form and bring it to your interview with you. During this interview, you will be asked many questions about your plans for work in the United States.
Why You Should Hire Us
Extraordinary Immigration is dedicated to helping businesses and professionals with employment-based immigration. We know that professional immigrants are critical to the United States economy and the economy of the world. Our attorneys have years of experience and training in international business and immigration law.
We have legal assistants and paralegals who are constantly researching the ever-changing immigration laws in the U.S. We are familiar with every form the U.S. Citizenship and Immigration Services has to offer, and will ensure that your paperwork contains every detail that immigration officers look for.
America offers arts, theater, and food from all over the world. It has fascinating flora, fauna, and the most diverse group of people you will ever meet. People from around the globe have come to work and live here for decades. We want to make sure that you are one of those people, so give us a call today.