What is the EB-1 Green Card Application?

The EB-1 green card application, also known as the Employment-Based First Preference Visa, is a pathway for individuals with extraordinary abilities, outstanding professors and researchers, or certain multinational managers or executives to obtain permanent residency in the United States. 

Here are key points about the EB-1 green card application based on the search results:

Eligibility Criteria:

• EB-1A: Requires individuals to demonstrate extraordinary ability in fields like science, arts, education, business, or athletics without the need for employer sponsorship.
• EB-1B: Designed for outstanding professors and researchers who have international recognition in their academic field.
• EB-1C: Reserved for certain multinational managers or executives who have worked abroad for a qualifying company.

Advantages:

• Faster processing times compared to other green card categories.
• Waives the labor certification process, saving time.
• Allows individuals to live and work in the U.S., travel freely, and pursue U.S. citizenship.

Application Process:

• Involves filing Form I-140, Immigrant Petition for Alien Worker.
• Applicants must provide evidence of their achievements and meet specific criteria depending on the subcategory.

Documentation:

• Applicants need to submit various documents such as passports, employment offers, approved labor certifications, petition forms, medical examination records, and more.

Priority Dates:

• The availability of visas varies based on priority dates and country of birth.

The EB-1 green card application offers a streamlined path to permanent residency for individuals with exceptional abilities or achievements in their respective fields. It includes three subcategories (EB-1A, EB-1B, EB-1C) each with specific eligibility criteria and documentation requirements.

The cost of applying for an EB-1 green card

The cost of applying for an EB-1 green card includes various fees and expenses as outlined in the search results:

Mandatory USCIS Filing Fees:

• I-140 basic filing fee: $700 (employer’s responsibility).
• I-485 filing fee: Varies based on age and refugee status:
• Below 14 and filing with a parent: $750.
• Below 14 and not filing with a parent: $1,140.
• Between 14 and 78: $1,225 including mandatory biometrics fee.
• Older than 78: $1,140 with no mandatory biometrics fee.
• Biometrics fee: $85 if applicable.

Extra Costs:

• Traveling costs to and from the U.S. consulate or embassy if outside the U.S.
• Attorney fees, which vary depending on the law firm.

Premium Processing:

• Optional service for expedited processing at an additional fee. The premium processing fee is $2,500, shortening the processing time to 15 calendar days.

Legal Fees:

• Legal fees for preparing an immigrant petition and green card application can vary. For example, one source mentions legal fees of $5,800 for EB-1 cases.

Adjustment of Status:

• Adjustment of Status for EB-1A petition involves additional costs depending on the processing option chosen.

The total cost of applying for an EB-1 green card includes USCIS filing fees, extra costs like attorney fees and travel expenses, premium processing fees if opted for, and legal fees associated with preparing the application.

Difference Between EB-1 and EB-2 Green Card Applications:

The EB-1 and EB-2 green card applications differ in several key aspects based on the information provided in the search results:

1. Eligibility Criteria:

• EB-1: Reserved for individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives and managers. It requires stringent requirements to prove exceptional professional achievements.
• EB-2: Available for individuals with advanced degrees, exceptional ability, or those eligible under the National Interest Waiver (NIW). The threshold for EB-2 is lower compared to EB-1, as it does not require exceptional ability or outstanding achievements.

2. Sponsorship Requirement:

• EB-1: Does not require a job offer from a prospective employer in the U.S., allowing for self-petitioning in certain subcategories.
• EB-2: Requires a petitioner, which can be a burdensome task and lengthens the process of obtaining a green card. A sponsoring employer offering permanent employment is necessary for EB-2 applicants.

3. Processing Time:

• EB-1: Generally has shorter wait times compared to EB-2 due to its more stringent requirements and fewer applicants each year.
• EB-2: Can have longer processing times due to a larger pool of applicants and potentially less strict eligibility criteria.

4. PERM Labor Certification:

• EB-1: Does not require PERM labor certification, saving applicants around a year in the process.
• EB-2: Involves the PERM labor certification process, which tests the U.S. labor market for qualified workers, potentially extending processing times.

5. Priority Dates:

• EB-1: Priority dates are generally current for all eligible countries, leading to quicker processing.
• EB-2: Priority dates vary by country, with some countries experiencing longer wait times than others.

6. Ability to Port:

• Applicants can file both EB-1 and EB-2 applications simultaneously without consequences, increasing their chances of approval.

7. Fees:

• The fees associated with Form I-140 processing and adjustment of status differ between EB-1 and EB-2 applications.

The differences between the EB-1 and EB-2 green card applications lie in eligibility criteria, sponsorship requirements, processing times, PERM labor certification involvement, priority dates, ability to port between categories, and associated fees.

Difference Between EB-1 and EB-3 Green Card Applications

The EB-1 and EB-3 green card applications differ significantly based on the information provided in the search results:

1. Eligibility Criteria:

• EB-1: Reserved for individuals with extraordinary abilities, outstanding professors and researchers, and multinational managers. It requires top-level achievements and exceptional abilities.
• EB-3: Designed for skilled workers, professionals, and other workers with varying levels of training or experience. The requirements are less stringent compared to EB-1.

2. Processing Times:

• EB-1: Typically has faster processing times due to its stringent requirements and fewer applicants.
• EB-3: Can have longer processing times due to substantial backlogs and the broader range of applicants it caters to.

3. Labor Certification Requirement:

• EB-1: Does not require labor certification, streamlining the application process.
• EB-3: Involves labor certification, which can lead to longer processing times as it verifies the unavailability of qualified American workers for the job.

4. Educational Background:

• EB-1: Requires exceptional abilities or top-level achievements without specific educational criteria.
• EB-3: Requires varying levels of education or experience depending on the subcategory (skilled workers, professionals, or other workers).

5. Priority Dates:

• Priority dates vary between EB-1 and EB-3 based on the applicant’s country of birth and demand for visas from that country.

6. Job Categories:

• EB-1: Focuses on distinguished experts, outstanding professors, researchers, and multinational managers.
• EB-3: Includes subcategories for skilled workers, professionals, and other workers based on job requirements.

7. Sponsorship Requirement:

• Both EB-1 and EB-3 applications require employer sponsorship for a permanent, full-time position.

8. Porting Possibility:

• Applicants can potentially port their petition from EB-3 to EB-1 if they meet the stringent requirements of the higher preference category.

The differences between EB-1 and EB-3 green card applications lie in eligibility criteria, processing times, labor certification requirements, educational backgrounds, priority dates, job categories, sponsorship requirements, and the possibility of porting between categories.

Continue reading: The requirements for a family-based green card