EB-1 petitions are shorthand for employment based first preference category petitions for green cards. EB-1 petitions are available for people with extraordinary ability under the EB-1A category, extraordinary professors and researchers under the EB-1B category, and multinational executives under the EB-1C category. The EB-1 preference category petitions do not require a labor certification, allowing foreign nationals to bypass and otherwise lengthy and complicated labor certification process. The EB-1 petition (Form I-140) is also eligible for premium process (Form I-907) which means a case can be reviewed and decided in just 15 days.
Employment Based Immigration
EB-1A Petitions for Professionals with Extraordinary Ability
The EB-1A preference category is an immigrant visa for professionals that are highly gifted in certain industries like the sciences, arts, education, business, or athletics. This category is reserved for individuals that have extraordinary abilities in their professions. With an EB-1A petition approved, a person can get a green card without a job offer from US employer. No Permanent Labor Certification is needed.
EB-1B Petitions for Outstanding Professors and Researchers
The EB-1B preference category is an immigrant visa for outstanding professors and researchers who can show international recognition for outstanding achievements in a particular academic field. You must be coming to the United States to pursue tenure or tenure track teaching or research position at a U.S. university, college, or private entity. The EB-1B petition does not need a Permanent Labor Certification.
EB-1C Petitions for Multinational manager or executive
The EB-1C are for multinational managers or executives who have been employed for the petitioning employer for 1 out of the last 3 years outside the U.S. OR in the U.S. with a non-immigrant visa since your last admission. The U.S. petitioner must have been doing business in the United States for at least 1 year, have a qualifying relationship to the entity you worked outside the U.S. and intent to keep you employed as a manager or executive. The EB-1C petition does not need a Permanent Labor Certification.
The Green Card Process
With an EB-1 Petition approved, the foreign national can become a lawful permanent resident. If there is a visa immediately available and he or she is in the United States with a valid, non-immigrant status, he or she can apply for a green card (Form I-485) with the petition. This is called concurrent filing.
If the foreign national is outside the United States, he or she can apply for an immigrant visa abroad (DS 260). This is called Consular Process. The foreign national’s spouse and eligible children can also immigrate as lawful permanent residents.
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