What Is the EB-1 Visa and Who Can Apply for It?

One of the most sought-after immigrant visas in the U.S. is the EB-1 visa. These visas are reserved for those with extraordinary abilities, outstanding academics and researchers, and multinational executives and managers seeking a U.S. Green Card. Even though there are many benefits that come with this visa, the application process can be competitive and challenging, and this visa often faces lengthy backlogs

This article will explore the EB-1 visa and its requirements, application process, and limitations. It will also compare it to the EB-5 visa for foreign nationals seeking U.S. residency.

Understanding the EB-1 Visa

The EB-1 visa is an employment-based immigrant visa designed for three categories of foreign nationals.

EB-1A: Extraordinary Ability

This category is for those who have demonstrated extraordinary abilities in fields like science, art, education, business, or athletics.

To qualify, applicants have to provide extensive documentation of sustained national or international acclaim. This documentation can include major awards or a strong record of published work.

EB-1B: Outstanding Professors and Researchers

This category is for professors and researchers who have an outstanding reputation in their academic fields.

Applicants need to have at least three years of experience in teaching or research to qualify. They need to also be recognized internationally for their achievements.

EB-1C: Multinational Executives or Managers

The EB-1C visa is for executives or managers who have worked abroad for a multinational company for at least one year within the past three years and are now transferring to an office in the United States.

Importantly, the sponsoring U.S. company has to be related to the foreign company the applicant has worked for, either as a parent, subsidiary, or affiliate.

Application Process and Requirements

Applicants need to file Form I-140 with the United States Citizenship and Immigration Services (USCIS). This petition has to include proof that the applicant meets the criteria for their respective category.

For the EB-1A visa, applicants can self-petition without employer sponsorship. EB-1B and EB-1C applicants will need a U.S. employer to sponsor them.

EB-1A (Extraordinary Ability)

EB-1A applicants need to provide proof in at least three of the following categories:

• Receipt of nationally or internationally recognized prizes or awards
• Membership in associations that require outstanding achievements of their members
• Published work about the applicant in professional or trade publications
• Participation as a judge of others’ work in the same field
• Original contributions of major significance in their field
• Authorship of scholarly articles in their field
• Work that has been displayed at artistic exhibitions
• Performance of a leading role in distinguished organizations
• High salary in relation to others in the same field
• Commercial success in the performing arts

EB-1B (Outstanding Professors and Researchers)

EB-1B applicants must prove they meet two of the following criteria:

• Documentation of major prizes or awards for outstanding achievement
• Published work in professional publications
• Participation as a judge in the same field
• Original contributions to their field
• Authorship of scholarly articles
• Employment with an institution of higher learning or research

EB-1C (Multinational Executives or Managers)

EB-1C applicants need to provide the following:

• Proof of at least one year of managerial or executive experience
• Proof that their employer meets the relationship requirements with the U.S. company that would sponsor them

Limitations and Backlogs

While the EB-1 visa is popular, the increase in its demand has resulted in significant backlogs. Some countries, such as India, have faced especially long waiting periods because of the high numbers of applicants from these areas.

The backlog for EB-1 applicants from India can last for several years, and the annual per-country cap on employment-based Green Cards doesn’t help these delays. This makes the EB-1 visa much less appealing for those wanting to quickly obtain U.S. permanent residency.

Comparing EB-1 to EB-5: A Faster and More Flexible Option

For foreign nationals who don’t meet the requirements of the EB-1 visa or are worried about the backlogs and delays, the EB-5 Immigrant Investor Program offers a better alternative.

While the EB-1 visa requires certain qualifications in areas such as extraordinary talent or executive experience, the EB-5 visa is a way for foreign nationals to gain permanent U.S. residency through investment.

For investors, there are quite a few advantages that the EB-5 visa has over the EB-1 visa.

No Educational or Professional Experience Requirements

Unlike the EB-1 visa, the EB-5 visa doesn’t require investors to have specific educational or professional backgrounds. Instead, applicants have to invest at least $800,000 in a project in a targeted employment area (TEA) project or $1,050,000 in a non-TEA project. TEA projects can include projects in rural areas or regions with high unemployment which aim to encourage job creation and economic growth.

Faster Processing for Rural Projects

With the EB-5 Reform and Integrity Act (RIA) of 2022, rural projects now have faster processing times. Investors in these projects have even seen approvals for their Form I-526E applications within 12 months.

In addition, the RIA mandates that a certain numbers of visas are set aside each year for TEA projects. Rural projects, for instance, are allotted 20% of the total yearly number of EB-5 visas. This means that investors in rural EB-5 projects are much less likely to face visa backlogs.

Concurrent Filing for Faster Residency

The recent changes to the EB-5 program also allow investors to file Form I-526E and Form I-485 concurrently, depending on visa availability. This lets them live, work, and study in the U.S. sooner while they wait for their Green Card application to be processed.

This concurrent filing option usually isn’t available for EB-1 visa applicants, unless a visa number is immediately available to them.

Seek Professional Help on Your Green Card Journey

While the EB-1 visa is still an excellent option for those with extraordinary abilities, outstanding academic achievements, or managerial experience in multinational companies, it doesn’t come without its challenges. For foreign nationals who do not meet the EB-1 requirements or want to get U.S. residency in a faster and more flexible way, an EB-5 visa might be a better alternative.

For investors wanting to take advantage of these benefits and secure U.S. residency through the EB-5 program, working with experienced professionals can help make the whole process smoother and more straightforward.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

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.