What Is An Eb-1 Visa

By Tiara

The term “EB-1 visa” is usually only referred to when it comes time for an immigrant to apply for this status. But what most people don’t know about the EB-1 visa is that there are actually two different types of visas with this name!

The first type of visa is called the Employment Based Immigration (EB) visa. This is typically known as the “immigrant investor” or “golden circle” visa because it allows individuals to become lawful permanent residents if they invest a certain amount of money in the US economy.

However, before you can even think about investing anything in America, you must first obtain employment-based non-visa immigration status. That is where the second type of EB-1 visa comes into play – the Advanced Degree Candidate For Profession classification.

If you fit within one of these categories, then your next step will be to prove that you have obtained an advanced degree from a school approved by the United States government. These degrees must either be at the graduate level or the doctoral level, and both masters and phd programs qualify.

After you have proven that you have this degree, then you can apply for the second type of EB-1 visa.

Who is eligible for an eb-1 visa?

what is an eb-1 visa

An EB-1 visa allows you to apply if your career or life would be significantly impaired without the ability to enter the United States. You must show that you have made significant contributions to either health, education, cultural heritage, or charity in America or abroad.

The Immigration and Nationality Service (INS) will also look at whether there are several of these qualifying achievements coming together makes you likely to become famous or well known within our borders. These could include national awards or recognition, such as from magazines or newspapers, or even television appearances.

Your employer should confirm all of this information so that we can verify it. Make sure to check with their human resources department! They may not report your employment status to us unless they certify that you meet the requirements for an eb-1 visa.

Keep in mind that most professions require training, so chances are your job doesn’t qualify you just because you've been doing it for years. It takes more than that to get this visa.

What does this mean?

The EB-1 visa is one of three major nonimmigrant work visas available to professional immigrants. It was originally designed for highly skilled professionals from countries with little to no workforce education or training. Applicants must prove they are able to contribute significantly to their field, and either have already made a significant contribution in their profession or will do so in the future.

The filing period for the EB-1 visa has been extended twice since it was first introduced in 1990. In 1997, Congress gave immigration attorneys two years to prepare applicants’ cases, which most people received just fine. Unfortunately though, there have been some instances where unprepared lawyers put off submitting applications until after the deadline had passed.

Are there any requirements?

what is an eb-1 visa

There are no formal guidelines for what documents must be presented to prove your eb-1 visa eligibility, but your potential employer can ask you to confirm these things during their assessment process.

Including proof of your salary, tax documentation (if applicable), health insurance coverage, and proof that you have lived in the US for at least six months is always a good idea.

It’s also important to make sure your passport is valid and not expired for at least one year after your expected stay in the country. And don’t forget to check the expiration date on your EB-1 visa!

Something to keep in mind as well is that if your job offer is contingent upon obtaining employment authorization or nonimmigrant status, then it makes sense to do some research ahead of time to see if this is possible before coming to the next step.

What happens if I get an eb-1 visa?

what is an eb-1 visa

Once your application has been accepted, you will be invited to attend a United States Immigration Interview at a location of your choosing. This usually takes place in a government office building or private venue, such as a restaurant.

You must bring proof that you have enough money to stay in America for your return home and for your time here (this can include having a job or living expenses). You will also need to make sure you do not qualify for any other visas or permission to live in the country!

If you cannot come up with these things, then you should think about whether this is really the right long term solution for you. There are many great opportunities available to people who are able to demonstrate their skill set and/or potential career success in the US, so don’t give up unless you feel you just don’t have what it takes to succeed here.

When should I get an eb-1 visa?

what is an eb-1 visa

An eb-1 visa is only given to individuals who are moving for professional reasons or to pursue advanced studies. You must also have proof that you will be able to live and work in your new country after you arrive.

Individuals who obtain this visa are typically working in their current field and receiving promotions so they can move up the ladder professionally. They are also usually pursuing an advanced degree or certification, such as those offered by medical schools.

Alternatively, people who receive the eb-1 visa are living outside of their home country and are looking to make changes to stay there. Both situations need to be checked into very thoroughly since additional paperwork and permissions may be needed.

General guidelines say that employers must use their best judgment when deciding if an individual meets the requirements of an eb-1 visa. These rules do not require them to give permission to apply for one, but it is good practice.

How do I get an eb-1 visa?

what is an eb-1 visa

In order to qualify for this special status, you must be attending an educational institution as defined by the Immigration and Nationality Act (INA). This can include a university, community college or private vocational school. You also must have a qualifying degree or diploma, such as a bachelor’s degree, advanced certificate or professional license.

You cannot earn your academic degree at a non-qualifying educational establishment. A non-qualifying education setting includes anything other than traditional universities, colleges or vocational schools. For example, you may not attend business or technology academy programs if you want to apply for an EB-1 visa.

Your principal place of employment must show that they are actively recruiting internationally for positions for which you are qualified. Your employer must agree to sponsor you for permanent residency after one year of full time work with them.

If you already have active work authorization in Canada or another country, you can still apply for an EB-1 visa! All you need is proof of adequate funding to pursue your studies and a valid passport.

What does it cost?

what is an eb-1 visa

The next step in obtaining your eb-1 visa is to determine if you are eligible for this special status! Unfortunately, there is no free ride when it comes to EB-1 visas.

You must be able to prove that you have extraordinary ability as defined by the Immigration and Nationality Act (8 U.S.C. §1101(a)(42)). This means that you need to show that you are or will soon be famous or wealthy, or that your work has contributed significantly to the field of art, science, technology, business, or education.

It’s also important to understand that not every nation accepts the definition of “extraordinary ability” given by the United States government. Some countries use their own definitions instead, so even though you may fit the bill in one country, you might not in another.

As such, before applying for your visa in America, you should make sure that your credentials meet the requirements in both countries. Luckily, there are some great resources available online and through partners to help you along the way.

What are the benefits?

what is an eb-1 visa

The most common use of this visa is for individuals with extremely high income or wealthy people who want to live in the United States for tax purposes. A nonresident alien individual (defined as someone not living in America) can apply for this visa if they will be traveling internationally for more than six months and staying in the country for less than one year.

This article has discussed some reasons why having lots of money is great, but another reason is because you get tax breaks while you’re here! An eb-1 visa allows you to establish residency in the US, which means that your house, car, and other assets become eligible for American citizenship. And since being a citizen gives you all sorts of privileges, including health care coverage, it makes sense to have that now.

By establishing residence in the USA, you automatically receive resident status. This lets you keep your existing healthcare, dental, and vision insurance policies, and give you access to additional medical, retirement, and life insurance.

You also gain eligibility for state and local education programs such as college tuition, and employment opportunities. There is even a program called Work Permit Plus that can help you find work quickly in the USA. Because you already have permanent resident status, you do not need to prove financial stability at this time.