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What are the eligibility criteria for an EB-1B visa?

Are there eligibility requirements for EB-1B employers?

How do you apply for an EB-1B visa?

How long does it take to get an EB-1B visa?

How long is an EB-1B visa valid?

Get an EB-1B visa fast with Deel Immigration

What is an EB-1B visa

The EB-1B visa is an immigrant visa category that allows accomplished researchers and professors to work in the United States for a university or private employer. A prospective employer files an EB-1B to sponsor a beneficiary, who must prove proficiency in a given academic area. Unlike other employment categories, this visa does not require labor certification.

EB-1Bs are immigrant visas. If an applicant gets approved for an EB-1B visa, they enter the 1st preference category of green card filings. This is the fastest way to get a green card. The holder can get one for themselves, their spouse, and their children under 21. This means the holder and their dependents can become permanent residents of the US.

See also: How Deel is reinventing the immigration journey

What are the eligibility criteria for an EB-1B visa?

Per the USCIS, three main criteria exist for qualifying for an EB-B1 visa. First, the applicant must demonstrate outstanding achievement and international recognition in a specific academic field. They must have at least three years’ experience in research or teaching in that area. They must also be seeking EB-B1 status to pursue a tenure track or tenure at a university, institution of higher learning, or private employment.

💡 Deel’s on-platform eligibility checker can help you or an employee determine whether they meet the EB-1B visa requirements before you begin the application.

Meeting these eligibility criteria involves providing different supporting documents and evidence. Let us review what each requirement entails:

✔️ International recognition for outstanding achievements To enter the US on an EB-1B visa, the applicant must showcase international recognition for outstanding achievements in an academic field. This requires meeting at least two of the following criteria:

  • Be a member of associations within their field that require outstanding achievement
  • Have judged others’ works in the same field or a different field as part of a panel or as an individual
  • Scholars in your field have published material in professional publications about your work
  • Have evidence of major prizes or awards for outstanding achievement
  • Have made scholarly research contributions to their academic field
  • Have authored scholarly books or articles in scholarly journals in their field

The awards do not need to be international to satisfy the requirement of receipt of major prizes or awards for outstanding achievement. However, they must be at least nationally recognized. The applicant can only provide awards received as a student as evidence if they are outstanding compared to the typical awards granted to students.

For work written about the applicant’s work, the content must demonstrate their outstanding contributions to their field and international recognition for these efforts.

✔️ 3 years experience in teaching or research The second qualification for an EB-1B visa is experience. In addition to outstanding efforts in their field, the applicant must have taught or researched in the field for at least three years.

When counting experience, any time the applicant spent teaching during their degree only counts if:

  • It was an advanced degree
  • The applicant earned that degree
  • The applicant was fully responsible for the class they taught

If the applicant conducted research during their advanced degree, the research may count as experience if it was recognized within their field as outstanding.

✔️ Job offer from a US university or private employer To meet the third requirement, the applicant must have a job offer for a:

  • Tenured or tenure-track teacher position at a university or institute of higher learning (temporary or adjunct professors do not qualify)
  • Permanent comparable research position in their academic field at a university or institute of higher learning
  • Permanent researcher position with a private employer’s division, department, or institute

Are there eligibility requirements for EB-1B employers?

Yes. A US employer may sponsor a beneficiary for an EB-1B visa if they meet the following requirements:

  • They are a legally incorporated US organization or company
  • They have achieved documented achievements in the field for which they wish to hire the beneficiary or an allied academic field
  • They have previously employed at least 3 full-time researchers (private employer)

💡 Deel is a registered US sponsor. If you do not qualify to sponsor an EB-1B employee, our employer of record (EOR) visa sponsorship model can engage talent on behalf of your company. We’ll handle the paperwork and compliance – you get talent up and running in the US.

How do you apply for an EB-1B visa?

Applying for an EB-1B visa involves the US employer and the potential beneficiary. If both parties meet the eligibility requirements, the employer must file a Petition for Alien Worker to initiate the process. Here is a rundown of the documents required and the application process:

Required documents

The applicant must submit documents that support their qualifications for an EB-1B visa. The specific documents will depend on their situation, credentials, qualifications, and particular achievements. To be ready, however, they should expect to present the following:

  • An official letter or membership ID card demonstrating their membership in a recognized academic association
  • Copies of awards they have received for their outstanding achievements and supporting documents (letters, articles, etc.) about the awards’ significance
  • Endorsement letters from experts in their field*

*Applicants should always back endorsement letters with concrete evidence about their achievements. When possible, applicants should get these letters from experts with whom they are not closely acquainted.

  • A job offer from the US employer explaining the duties
  • A resume
  • A passport copy
  • Copies of professional publications written for scholarly journals with international circulation
  • Proof of authorship of scholarly books

Application process

The first step of the EB-1B visa application process is filling Form I-140 (Immigrant Petition for Alien Worker). The employer must complete this step, submitting the petition alongside supporting evidence of the applicant’s eligibility. The employer must also present evidence of their sponsoring eligibility.

See also: How to Sponsor an employee work visa through the Highly Skilled Migrant (HSM) Scheme

If the 1-140 is approved, how the applicant continues the process depends on their status and location. Applicants can apply for a status adjustment if they are already in the US. If not, applicants can apply for the visa at a consulate.

A status adjustment is ideal for applicants legally in the United States on a different nonimmigrant status. Applicants can apply for this by filling out Form I-485.

If the applicant is in their home country, they can apply for the EB-1B visa at a US embassy or consulate by:

  1. Creating an online account on the USCIS website
  2. Filing a DS-260 (Immigrant Visa Application)
  3. Paying the applicable fees

The applicant may need to provide their biometrics (signature, fingerprints, and photographs) for processing. The consular office will guide them through this process. They may also be required to take a medical exam.

Once applicants complete their application, they should schedule and attend their interview. Applicants should carry their supporting documents and a copy of their DS-260 confirmation page.

During this stage, the employer must prove a continuing ability to pay the applicant the wage indicated in their job offer as of the priority date. To do this, they must submit an audited financial statement, federal income tax return, or annual financial report.

Learn more about the EB-1B application process here.

đź’ˇ Need help applying for the EB-1B visa? Deel has a dedicated team of immigration experts who can handle everything from eligibility checks to paperwork submission. Talk to us.

How long does it take to get an EB-1B visa?

The processing time for an EB-1B visa varies. Currently, the USCIS takes an average of four months to process Form I-140. Because this is the first stage of the application process, the length of the entire application depends on whether the employer already has this form.

Getting an EB-1B does not require waiting for visas to be available. Once the employer receives Form I-140, the processing time depends on the consular office. Applicants can track the status of their visa through the USCIS website. Applicants can also pay for premium processing and get a decision in 15 days.

Alternatively, use Deel’s immigration platform to get your EB-1B visa fast. We streamline the application process, ensuring every document is in place for quicker processing.

“I’ve never come across a team that moves so quickly, responds to questions in almost real-time and yet is so detail-oriented. After working with them, I wouldn’t consider working with anyone else for my immigration needs. They’re simply spectacular.” Mohak Nahta, Founder and CEO, AtlysMohak Nahta, Founder and CEO, Atlys

How long is an EB-1B visa valid?

The EB-1B is an immigrant visa. It does not require visa renewal. Once an application is approved, the holder qualifies for a green card and permanent residence.

An EB-1B visa also grants the applicant's spouse and children under 21 green cards so they can live, study, and work in the US.

See also: How Deel is reinventing the immigration journey

Get an EB-1B visa fast with Deel Immigration

The EB-1B visa classification fast-tracks an applicant’s journey to permanent residency. An approved EB-1B grants them applicant immigrant status, allowing them and their dependents to live and work in the US.

Yet, the EB-1B application process is complex and requires the submission of multiple supporting documents. Your or your employee’s chances of approval depend on the quality of the evidence you submit, your timing, and how the applicant supports their bid during the interview.

To ensure success, Deel guides you through the entire immigration process. We have revolutionized the application process, delivering all the necessary tools on one platform. Our in-house immigration support handles everything from EB-1B sponsorship and evidence submission to visa application.

Contact the Deel immigration team today to expedite your EB-1B visa application process and share your outstanding talents with your new audience.

Schedule your appointment

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