The EB-1 visa is a prominent pathway for individuals seeking permanent residency in the United States. Designed for individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives, this visa offers a direct route to obtaining a Green Card. However, due to its stringent criteria and high demand, the application process can be competitive and time-consuming.

In this article, we will take a closer look at the EB-1 Green Card category and its application process.

What Is the EB-1 Visa?

The EB-1 visa is categorized into three distinct groups:

1. EB-1A: Extraordinary Ability

This category is for individuals who have demonstrated exceptional talent in fields such as science, arts, education, business, or athletics. Applicants must provide substantial evidence of their achievements, which may include international awards, published work, or other significant recognitions.

2. EB-1B: Outstanding Professors and Researchers

Targeted at university professors or researchers, this category requires:

• A minimum of three years of teaching or research experience.
• International recognition for contributions in their field.

3. EB-1C: Multinational Executives and Managers

This category is designed for executives or managers of international companies who:

• Have been employed by a multinational company for at least one year within the past three years.
• Are transitioning to a related U.S. entity, such as a parent company, subsidiary, or affiliate.

Application Process and Requirements

To initiate the EB-1 visa application, applicants must submit Form I-140 to the United States Citizenship and Immigration Services (USCIS). The specific requirements vary for each EB-1 category:

EB-1A (Extraordinary Ability): Applicants must provide evidence in at least three of the following areas:

• Receipt of national or international awards.
• Membership in prestigious organizations.
• Published material about the applicant.
• Service as a judge of others in the field.
• Significant contributions to the field.
• Authorship of scholarly articles.
• Exhibition of work in renowned venues.
• Leading roles in distinguished organizations.
• High salary relative to peers.
• Commercial success in the performing arts.

Note: EB-1A applicants can self-petition without the need for employer sponsorship.

EB-1B (Outstanding Professors and Researchers): Applicants must provide evidence in at least two of the following areas:

• Major awards for achievements.
• Published work in professional journals.
• Service as a judge of others in the field.
• Significant contributions to the field.
• Authorship of scholarly articles.
• Employment at a leading research institution or university.

Note: EB-1B applicants require employer sponsorship.

EB-1C (Multinational Executives or Managers): Applicants must provide:

• Proof of at least one year of executive or managerial experience.
• Evidence of a qualifying relationship between the foreign and U.S. employer.

Note: EB-1C applicants also need employer sponsorship.

Challenges of the EB-1 Visa

The EB-1 visa is highly sought after, leading to significant demand and potential delays. Applicants from countries with high application volumes, such as India and China, may experience extended wait times due to per-country visa limits. These delays can pose challenges for individuals seeking prompt immigration solutions.

Comparing EB-1 to EB-5: A Faster Option

For individuals who may not meet the stringent criteria of the EB-1 visa or are seeking a more expedited pathway to U.S. residency, the EB-5 Immigrant Investor Program presents a viable alternative.

One of the key advantages of the EB-5 visa is its flexibility in eligibility requirements. Unlike the EB-1 visa, which demands exceptional abilities, academic achievements, or executive experience, the EB-5 program does not impose specific education or work experience criteria. Instead, it offers a direct pathway to permanent residency through investment. By investing $800,000 in a targeted employment area (TEA) or $1,050,000 in other locations, applicants can qualify for a Green Card, provided their investment leads to the creation of at least 10 full-time U.S. jobs.

Another major benefit of the EB-5 program is the potential for faster processing, particularly for those investing in rural projects. These investments receive priority processing, with most cases being approved in under a year. Additionally, eligible EB-5 investors can take advantage of concurrent filing, which allows them to apply for a Green Card and a U.S. work permit at the same time, reducing overall waiting periods and making it easier to live and work in the U.S. while their application is being processed.

Beyond these advantages, the EB-5 program also provides flexibility in career choices. Unlike employment-based visas that tie applicants to a specific job or employer, EB-5 investors are not restricted to any particular industry or role. This freedom allows them to explore business ventures, pursue further education, or retire in the U.S. Another benefit is that EB-5 Green Card holders can include their spouse and unmarried children under 21 in their application, enabling the entire family to secure permanent residency. For those seeking a stable and predictable immigration pathway, the EB-5 visa offers a compelling alternative to employment-based options like the EB-1 category.

Get Professional Help for Your Green Card Journey

While the EB-1 visa is ideal for individuals with extraordinary abilities, academic achievements, or executive experience, it involves strict requirements and long wait times. If an applicant is looking for a more flexible and expedited option, the EB-5 visa could be the better alternative.

If you would like to learn more about the EB-5 visa and whether it’s a better alternative for you, feel free to book a one-on-one call with our team today.