For applicants filing from within the U.S.:
by Admin
Posted on 13-09-2023 02:01 PM
A benefit of filing under any of the eb-1 preference categories is that your employer is not required to go through the perm labor certification process to test the u. S. Labor market, and can file the i-140 petition at the start, which allows for obtaining the
green card
faster. The i-140 petitions for eb-1b and eb-1c must still be sponsored by the employer, however the applicants’ themselves can self-petition if filing under eb-1a.
In addition, the eb-1 category is given the highest preference in visa number availability so there is often no waiting for a green card to be available, meaning an adjustment of status application can often be filed along with the eb-1 i-140 petition.
At a glance: eb1 visas, also known as employment-based extraordinary ability green cards, are permanent residency visas for immigrants with extraordinary abilities in fields like arts, sciences, and business. To qualify, applicants must provide evidence of sustained national or international acclaim. Eb1 visas offer benefits such as exemption from the perm process and shorter waiting times. The visa has three categories: extraordinary ability, outstanding professor or researcher, and multinational executive or manager. Fees for eb1 visa applications include a filing fee and, if applicable, a biometrics fee. Processing times typically range from 8 months to 15 calendar days with premium processing.
This class is meant to facilitate easy movement and relocation of overseas personnel to us as eb1 multinational immigrant executive or manager. Applicants filing for eb-1c only need to obtain an employment offer from a designated employer but there is no need for labor certification approval from dol. There however, must be a bonafide relation between the overseas and u. S. Employers, i. E. The us employer must be an affiliate, parent or a subsidiary of the foreign firm, corporation, or other legal entity. The petition for the eb-1c can only be placed by a us employer who has been functioning as an affiliate, subsidiary or same organization of same company for at least one year that employed beneficiary overseas.
For applicants applying from outside the U.S.:
Typically, the i-140 processing time takes anywhere from 6-9 months. For those applying overseas through consular processing, you can expect to wait 4-6 months to receive word back from the u. S. Embassy/consulate after a visa becomes available to you. The eb-2 processing time is slower when compared to the eb-1 processing time because of the necessity for a labor certification and the fact that petitioners from india and china must wait several years for their priority dates to be current. The uscis only grants 140,000 employment-based immigrant visas annually.
Because of this, applicants in lower green card preference categories may need to wait a significant amount of time before a visa number will become available.
Introduction a uscis memorandum issued in august 2010 now mandates two-step analysis for eb1-a aliens of extraordinary ability and eb1-b outstanding professors and researchers and eb-2 foreign nationals of exceptional ability two parts approach the interim guidance states that uscis adjudicators should evaluate eb1-a, b and eb-2 petitions in a two-part approach.
Extraordinary ability: you may apply for yourself by filing a form i-140, petition for alien worker. Outstanding professors and researchers: your u. S. Employer must file a form i-140, petition for alien worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. Multinational manager or executive: your u. S. Employer must file uscis form i-140, petition for alien worker.
The employment-based, first preference immigrant visa category is reserved for foreign nationals of extraordinary ability in the sciences, arts, or business; outstanding professors and researchers; and certain executives and managers of multinational companies. The eb-1a subcategory is for aliens of extraordinary ability, the eb-1b subcategory is for outstanding professors and researchers, and the eb-1c subcategory is for executives and managers of multinational companies. Each subcategory has specific eligibility requirements, but all share the advantage of a faster processing time compared to other employment-based green card categories.