EB-1 petitions are meant for foreign nationals who meet the highest qualifications. Compared to the majority of other petitions for employment-based immigrants, these petitions have two significant benefits.
Well, first of all, EB-1 petitions are not required to include a labor certification (PERM). Second, more permanent visa numbers are available for EB-1 petitions than EB-2 or EB-3 petitions, so those backlogs are less frequent or shorter than those in the other categories.
There are primarily 3 main categories. However, in today's article, we will discuss the two most common ones, which include EB-1A and EB-1B.
What Is EB-1A?
For individuals with extraordinary ability, there is the EB-1A visa. This category might initially appear unclear or broad. However, the definition of this term is clearly explained by the USCIS. The EB-1A generally allows for eligibility in a wide range of fields, including science, education, business, athletics, and art. This makes it possible for many people from various backgrounds to apply. However, it can be very challenging to meet the demanding qualifications.
What Are Its Requirements?
- The first requirement is securing an international or even national award, regardless of whether as an individual, a group, a team, or as the coach of another person who later won great recognition. It is certainly an important indicator of exceptional ability.
- The second notable requirement is belonging to an organization or group that has a strict quality standard that must be assessed by experts. Having a paid membership simply is ineligible.
- The third important requirement has high-level publications. These may include top-rated magazines or media. It is vital to note here that these must not include the local press.
You'll notice that not many applicants are capable of providing the documentation necessary to be approved for the EB-1A green card. Overall, you must show that you rank among the very best industry professionals.
What Is EB-1B?
For outstanding researchers and professors, there is the EB-1B green card. Once more, there are various interpretations of what constitutes "outstanding." To demonstrate your eligibility for this green card, the USCIS, however, has defined a list of the types of documents that can be submitted. It is important to note here that a self-petition for an EB-1B green card is not approved, unlike the EB-1A. You must be in possession of a job offer from your U.S employer who is sponsoring you and will submit a petition on your behalf before you can apply.
What Are Its Requirements?
To be able to qualify, you must possess at least three years of experience in your discipline and be coming to the United States with the goal of obtaining tenure or something of a similar nature in a research position. You must also provide the following:
- Have formally evaluated your peers' work individually or in a panel.
- published articles regarding your work written by others and published in a renowned publication
- Awarded prizes or honors for your talents and abilities
- Being an author of published articles or any scholarly books in prestigious journals in your field
- Joining an association or group where admission requires exceptional performance.
Processing Time For
As per the rules, there is no distinction in the processing times for EB-1A and EB-1B green cards since they belong to the same preference level. The processing times for every petition will still vary, though. The workload at each service center is different, so waiting times can vary greatly. Nevertheless, the I-140 petition typically takes six months to process.
How Can RB Law Help?
We can help you by making the entire process for both types simple and straightforward. No doubt, if one does this process by itself, it can take a lot of time and can make many errors as well. We, on the other hand, can assist you by making things smooth and easy. Get in touch with us today. We are here to serve you in the best manner possible.
