The EB-1 visa, commonly referred to as “first preference visas,” are employment-based visas for certain non-immigrant workers. This visa applies to those who have demonstrated an extraordinary ability, are an outstanding researcher or professor, or are a multinational manager or executive. No labor certification is required to obtain an EB-1 visa, but evidence must be provided to the U.S. Citizenship and Immigration Services (USCIS) in order to prove an applicant falls under one of the three categories. Individuals who hold an EB-1 visa are eligible to apply for permanent residency status in the United States.
Types Of EB-1 Visas Offered By The USCIS
Each of the three categories fall under a separate EB-1 visa classification. These classifications include EB-1A visas, EB-1B visas, and EB-1C visas, and require varying amounts of documentation. Here are the three visa classification offered by the USCIS:
The EB-1A visa grants entry to the United States for those who possess an extraordinary ability in certain fields, such as business, education, arts, science, or athletics. Unlike the other EB-1 visa categories, the EB-1A visa allows for self-petition, meaning that an employer does not have to petition on their behalf.
The EB-1B visa allows individuals who are considered to be outstanding professors or researchers to enter the United States. Individuals who have been recognized for scientific or scholarly contributions are eligible to apply under the EB-1B visa category. An employer must petition on the behalf of the applicant for this visa classification.
The EB-1C visa grants entry to the United States for multinational managers and executives. This visa category allows holders to work for domestic companies that require the experience of highly qualified employees and C-level executives. EB-1C visas also require a petition from an employer on the behalf of the beneficiary.
How To Obtain A Green Card Through EB-1 Status
As the first preference visa, it is easier to obtain a green card while holding an EB-1 visa than any other visa category. Since the U.S. employer does not need to actively recruit the EB-1 visa holder, the beneficiary can immediately file for permanent residency status when they begin working. Immigration laws do not require EB-1 visa holders to obtain a labor certification form their employer when filing for permanent residency status. For individuals who hold an EB-1A visa, they do not need to receive an offer from a U.S. employer before they begin applying for a green card.
Speak With The Law Office Of Kermit A. Monge, PLLC
Due to the complex nature of immigration law, it is important to work with an experienced immigration attorney when applying for an employment-based visa. At the Law Office Of Kermit A. Monge, PLLC, our attorneys have extensive knowledge of the EB-1 visa classification and will assist you through every step of the process. For more information or to start your application, call our office at 703.273.5500 or request a consultation online today.