Green Card EB-1
The EB-1 is intended for foreign nationals who have extraordinary ability in the sciences, arts, education, business, or athletics.
The EB-1 is intended for foreign nationals who have extraordinary ability in the sciences, arts, education, business, or athletics. Applicants who can demonstrate their extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim are not required to have a permanent offer of employment in the US and are eligible to self-petition, however, they must intend to work in the US in their field of expertise.
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FAQ
Who is eligible for an EB-1 green card?
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation.
Do I need a labor certification to apply for an EB-1 green card?
No, a labor certification is not required.
What are the categories of EB-1 green card?
You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Evidence of your membership in associations in the field which demand outstanding achievement of their members
- Evidence of published material about you in professional or major trade publications or other major media
- Evidence that you have been asked to judge the work of others, either individually or on a panel
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
- Evidence that your work has been displayed at artistic exhibitions or showcases
- Evidence of your performance of a leading or critical role in distinguished organizations
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
- Evidence of your commercial successes in the performing arts
Do I need an offer of employment to apply for an EB-1 green card if I am an individual with extraordinary ability?
No, offer of employment is not required if you are filing for an EB-1 visa under extraordinary ability.
What Happens After You Apply
Once USCIS receives your Form I-140 for the EB-1 Visa, they will process your application and then you will receive:
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- A receipt notice of your Form I-140, Petition for Nonimmigrant Worker,
- Receive notice for Biometrics appointment, and
- A notice of a decision in writing.
What happens after your petitions is approved?
Once your petition is approved, and your priority date is current, you can apply to become a Legal Permanent Resident. You can do this by either filing a Form I-485 from inside the US or applying through the consulate. If you are outside of United States, you should apply through the consulate. This method is called consular processing. If you are in the United States and the visa is available and you are in a legal status, then you can apply to adjust status.
Can my spouse and child apply for a green card at the same time as me?
Yes, you can request a green card for your spouse and your unmarried children under the age of 21 when you apply for your own green card if they are currently in the US on a valid visa. There is one exception for spouse/child is in the US on a J-1/J-2 visa with 2 years Home Residence Requirements (HRR). They may not apply for an adjustment of status unless they have either served the HRR or have obtained a waiver of the HRR.
