EB-1 Visa for Aliens of Extraordinary Ability

 

The EB-1A visa is an immigrant visa within the EB-1 (employment-based first preference) category reserved for aliens of extraordinary ability in the sciences, arts, education, business, or athletics, who have demonstrated expertise in their field of work. In order to qualify for this type of visa, a person must have achieved national or international recognition for their activities.

This visa is divided into three categories:

• EB-1A, for workers.
• EB-1B, for professors and researchers.
• EB-1C, for executives and managers.

EB-1 Eligibility Criteria

The main point for EB-1 visas, however, is to prove your accomplishments. You must be able to demonstrate extraordinary ability, usually with an award of international prestige. If you have not won such an award, you must show that you satisfy at least three of ten other criteria, such as having publications in scientific journals, receiving national awards, or having a high salary in relation to others in your field of expertise.

Differences between the EB-1 and O-1 visas

The main difference between the two categories is the length of stay in the country. While O-1 visas are temporary, EB-1 visas grant permanent residence.

EB-1 visas do not require a job offer if you can demonstrate that you intend to enter the country to work and bring benefits through your field of expertise. EB-1 visas allow you to "self-petition" if your merits are extraordinaire enough (having won a Nobel Prize, for example). This means that you can initiate the process yourself without the need for employer sponsorship.

Because of these differences, the EB-1 visa demands a higher grade of skill or talent from applicants than the O-1 visa does. The processing time for the application may vary from case to case, but it usually takes 6 to 8 months to get a response.

Can I upgrade my status from O-1 to EB-1?

Yes, it is possible, and it may even be easier than applying directly for an EB-1 visa! Your work experience under an O-1 visa is valuable, especially if you receive national or international recognition for your work or projects in the U.S. This will tell USCIS officials that you are a very talented person in your field and will help you more easily demonstrate all that you could contribute to the country if you were to obtain permanent residency.

Can my family accompany me if I get an EB-1 visa?

Of course they can! Your spouse and unmarried children under the age of 21 are considered beneficiaries if your EB-1 visa is approved.

Are you interested in an EB-1 visa?

Contact us today for a consultation! Don't risk your application process! Call us today at 407-502-3000 or fill out the online form provided at the top of this page and our Orlando EB-1 visa lawyer will contact you soon. We can help you in many languages, including English, Spanish, Arabic, Hindi and Portuguese.