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What is the Process of Applying EB1 Visa, Cost, Requirements in NYC

What is the Process of Applying EB1 Visa,Cost, Requirements - Law Office of Ghenadie Rusu

The EB-1 visa is like a special pass given by the U.S. government to certain foreign people who are really good at what they do (like a top scientist or a successful executive). It allows them to live and work in the U.S. especially New York, permanently.

Unlike some other types of special passes, the EB-1 visa does not require a document called a PERM labor certification, which usually needs to be issued by a U.S. government department to prove that there are not enough U.S. workers who can do a particular job.

EB1 Visa Explained: Benefits, Requirements, Petitions, Timeline, Process and Cost in NYC

Benefits of an EB1 Visa

The EB1 Visa, also known as the Employment-Based Extraordinary Ability Green Card, offers many notable advantages:

  • No labor certification necessary: Candidates applying under this category are exempt from the PERM labor certification process, making the application process less cumbersome
  • Possibility to live and work in the U.S.: An approved EB1 Visa allows holders to live and work in New York, providing the chance for continued achievement in their field
  • Permanent Residency: The EB1 Visa grants permanent U.S. residency, allowing recipients to live and work in New York indefinitely

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Requirements for an EB1 Visa

Requirements for an EB1 Visa - Rusu Law

To qualify for an EB1 Visa, applicants must meet certain criteria that demonstrate their exceptional abilities or status:

EB1-A (Extraordinary Ability)

  • Evidence of Extraordinary Ability: Applicants must provide documentation of a one-time achievement (such as a significant international award) or at least three of the following:
    • Lesser national or international awards or prizes for excellence
    • Membership in associations demanding outstanding achievement of their members
    • Published material about the applicant in professional/major trade publications or other major media
    • Being asked to judge the work of others, either individually or on a panel
    • Original scientific, scholarly, artistic, athletic, or business contributions of major significance to the field
    • Authorship of scholarly articles in the field in professional journals or other major media
    • Artistic exhibitions or showcases displaying the applicant’s work
    • Performance in a leading or critical role for organizations with a distinguished reputation
    • High salary or remuneration for services compared to others in the field
    • Commercial success in the performing arts evidenced by box office receipts or other indicators.

EB1-B (Outstanding Professors and Researchers)

  • International Recognition for Outstanding Achievements: Applicants must demonstrate a recognized record of extraordinary success in their academic field, supported by at least two of the following:
    • Receipt of major prizes or awards for outstanding achievement
    • Membership in associations which require outstanding achievements of their members
    • Published material in professional publications written by others about the applicant’s work
    • Participation, on a panel or individually, as a judge of the work of others in the same or allied academic field
    • Original scientific or scholarly research contributions in the field
    • Authorship of scholarly books or articles in journals with an international circulation in the field

Read More: What is the Process of Applying H1B Visa

EB1-C (Multinational Manager or Executive)

  • Executive or Managerial Capacity: Applicants must have been employed outside the U.S. in the 3 years preceding the petition for at least 1 year by a firm or corporation and seeking to enter the U.S. to continue service to that firm or organization in a managerial or executive capacity.
  • The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

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EB1 Visa Process in NYC, NY

EB1 Visa Process - Law Office of Ghenadie Rusu

To qualify for the EB-1 visa, applicants must meet specific requirements set by the U.S. Citizenship and Immigration Services (USCIS).

  1. Determine Eligibility: To apply for an EB-1 visa, you must fall into one of the three categories:
    • Individuals with extraordinary ability in sciences, arts, education, business, or athletics.
    • Outstanding professors and researchers who are recognized internationally.
    • Certain multinational managers and executives who meet specific criteria.
  2. Prepare Documentation: Depending on the category, applicants need to provide evidence that meets regulatory criteria. This may include but is not limited to awards, publications, or proof of employment.
  3. Filing a Petition: The process typically begins with filing Form I-140, Petition for Alien Worker with USCIS. For extraordinary ability individuals, the petition can be self-sponsored. For the other two categories, an employer must file the petition.
  4. USCIS Decision: After reviewing your petition, USCIS may approve or deny it. If approved, you can proceed to the next step. In some cases, additional evidence may be requested.
  5. Adjustment of Status or Consular Processing: If you are in the United States, you may apply for an adjustment of status to change your visa to an EB-1 green card. If outside the U.S., you will go through consular processing at a U.S. embassy or consulate.
  6. Receive Your Visa/Change of Status: Once all paperwork is approved and your priority date is current (if applicable; EB-1 often does not have a waiting line due to its high preference), you can receive your visa or change of status to a legal permanent resident. Read Our Latest Post on: What Does ‘Dismissed Without Prejudice’ Meaning?

 EB1 Visa Timeline in NYC

  1. I-140 Application Processing: The USCIS might take 4-8 months on average to process the I-140 Application.
  2. Adjustment of Status or Consular Processing: Once the I-140 application is approved, if the applicant is already in the U.S., the adjustment of status typically takes 6–12 months. If the applicant is abroad, the consular processing at a U.S. embassy or consulate takes approximately 4–6 months.

 EB1 Visa Cost in NYC

  1. I-140 Filing Fee: The filing fee for the I-140 petition is $700.
  2. Adjustment of Status (AOS) Fees: If the applicant is already in the U.S., USCIS filing fees for an adjustment of status packet are $1,225 for applicants aged 14-78; this includes the costs of biometrics and issuance of a green card.
  3. Consular Processing Fees: Consulate processing fees typically amount to $345 for the visa application fee and $220 for the USCIS immigrant fee, which covers the cost of processing the immigrant visa and issuing the green card.
  4. Medical Examination and Vaccination: The cost can vary greatly depending on the doctor and needed vaccinations. It can range from $200 to $500.
  5. Translation Services: All documents in a foreign language must be translated into English. This cost can vary depending on the volume of documents and language, but expect to pay about $50–$100 per document page.
  6. Miscellaneous Costs: There can be other costs like postage, photocopies, etc., typically amounting to under $100.

Final Thoughts

Remember, you are not alone in this process. The Law Office of Ghenadie Rusu is always here to navigate the complex world of immigration law in New York. Call (347) 907-1248 or contact us to schedule a consultation.

Read Our Latest Guides on Immigration and Family Law:

FAQs

What is the Processing for EB1 in NYC?

The processing for EB1 starts with filing Form I-140 to USCIS along with supporting documents. Once approved, you can apply for Adjustment of Status (if you’re already in the US) or go through Consular Processing (if outside the US) to obtain your physical green card.

Can I apply for EB1 on my own?

Yes, only those applying under EB1-A (Extraordinary Ability) can self-petition, meaning one can apply without a job offer or a sponsoring employer. For EB1-B and EB1-C categories, an employer must sponsor the application.

What is the criteria for EB1A visa in NYC?

Applicants must provide evidence of extraordinary ability, which can be a one-time significant award or achievement, or meet at least 3 out of 10 of the listed criteria such as lesser awards, membership in associations, published material, and others.

Who qualifies for EB-1 visa?

Professionals with extraordinary ability in sciences, arts, education, business, athletics, outstanding professors and researchers, and multinational executives or managers can qualify for an EB-1 visa.

Who is eligible for EB-1C?

Certain multinational mangers or executives who have been employed outside the U.S for at least 1 year in the 3 years preceding the petition by a firm or corporation and seeking to enter the U.S to continue service to that firm or organization.

How hard is it to get an EB-1 visa?

The EB-1 visa is considered challenging to get because of its stringent eligibility requirements. Applicants must provide substantial evidence demonstrating their extraordinary ability, or their exceptional credentials as professors, researchers, managers, or executives.

How long does an EB-1 visa take?

The processing time can vary greatly. It can be between 8 to 23 months.

How much does EB1 cost?

Costs include a $700 filing fee for the I-140 petition, plus fees for Adjustment of Status (AOS) or Consular Processing. The fee for an EB-1 visa comes to $1,045 overall

How long is EB1 valid for?

All EB1 visas are valid for 10 years

What is the rejection rate for EB-1?

The rejection rate for EB-1 visas varies from year to year and depends on many factors including scrutiny level, the quality of evidence provided, and the specifics of the applicant’s case. Detailed statistics are not publicly released by USCIS.

Can EB-1 be rejected?

Yes, an EB-1 petition can be rejected if the applicant fails to provide sufficient evidence to meet the EB-1 category specific criteria or if the USCIS determines that the applicant does not qualify.

Will EB-1 remain current in 2023?

The availability of EB-1 visas is determined by the Visa Bulletin, which is updated by the Department of State. Factors such as per-country limits and number of applicants can impact visa availability. It is recommended to check the current Visa Bulletin for the most accurate information.

References:

  1. Contracts Counsel
  2. USCIS
  3. https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1
  4. USCIS – Employment Based Immigration First Preference EB-1
  5. USCIS Guide – EB-1 Visa Extraordinary Ability
  6. USCIS Newsroom – Guidelines for EB-1 Eligibility Criteria
  7. U.S. Department of State – Visa Bulletin

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