EB1 Categories: Understanding Which Green Card Option Offers Maximum Benefits for Indians
EB1 is the first-preference employment-based green card category, allowing individuals to work and stay in the US permanently. Within the EB1 category, it is divided into three broad categories: EB1A, EB1B, and EB1C.
In this blog, we have explained the requirements, process, timeline, and other benefits associated with the EB1 green card categories. Let’s get started.
Eligibility Requirements for EB1 Categories
For EB1 qualification, you need to meet certain requirements specific to each EB1 category. Let’s delve into the details of the different requirements for the three EB1 categories:
1. EB1A
EB1A is intended for individuals with extraordinary ability. To qualify for EB1A, you need to demonstrate extraordinary ability in diverse fields such as science, arts, sports, education, and business.
To demonstrate your extraordinary ability, you need to satisfy at least 3 out of the 10 EB1A criteria and prove that you have received sustained national or international acclaim, with your achievements being recognized in your field of expertise.
The 10 EB1A criteria are
1. Evidence that you have received lesser nationally or internationally recognized awards.
2. Evidence that you are a member of professional associations that demand outstanding achievement.
3. Evidence of published material about your work in the field in professional or major media publications.
4. Evidence that you have done judging work of others in the same or a similar field.
5. Evidence that your original contributions are of major significance in the field.
6. Evidence of your scholarly articles in professional or major trade publications or major media publications.
7. Evidence of your work displayed in artistic exhibitions or showcases in the field.
8. Evidence that you performed a leading or critical role in a distinguished organization/establishment.
9. Evidence that you received a high salary compared to peers in your field.
10. Evidence of your commercial success in the performing arts.
2. EB1B
EB1B belongs to the EB1 category tailored for outstanding professors or researchers.
To be eligible for EB1B, you must showcase international recognition of your outstanding achievements in the specific academic field. Additionally, you need a minimum of 3 years of work experience as a professor or researcher in that academic field.
Furthermore, you need a job offer from a higher educational institution, university, or private employer.
To satisfy EB1B requirements, you must meet 2 out of the 6 EB1B criteria and prove that you are recognized internationally as an outstanding professor or researcher in your academic area.
The 6 EB1B criteria are
1. Evidence of your major awards for outstanding achievements in your academic field.
2. Evidence of your membership in associations that require outstanding achievements.
3. Evidence of published material written by others covering your work in your academic field.
4. Evidence of your participation as a judge in the same or a similar field.
5. Evidence of your original scientific or research contributions in your field.
6. Evidence of your scholarly articles or books in your field.
3. EB1C
EB1C is intended for certain multinational executive or managerial positions.
To qualify for EB1C, you should have worked in managerial or executive roles outside the US for one year within the past three years before applying. Moreover, the US employer who is a petitioner for you should have been doing business in the US for at least one year and must have a qualifying relationship with your previous employer abroad.
Furthermore, the US employer’s intention must be to hire you for a managerial or executive role.
EB1 Green Card Process and Timeline (EB1A vs. EB1B vs. EB1C)
The EB1 categories offer a direct pathway to permanent residency, significantly reducing your wait times.
Let’s delve into the application process for the EB1 green card:
I-140 Application
For EB1A, once you have compiled the necessary evidence, submit an I-140 application, an immigrant petition for an alien worker along with the required documentation. Moreover, for EB1A, there is no requirement for employer sponsorship, labor certification, or skipping the time-consuming PERM process.
In contrast, EB1B and EB1C require employer sponsorship to petition your I-140 application. EB1B and EB1C necessitate a job offer.
Premium Processing
For EB1A and EB1B, the premium processing request for I-140, Immigrant Petition for Alien Workers, is available. You can receive the outcome of your petition in 15 calendar days. In some instances, they may request an RFE (Request for Evidence), necessitating additional supporting documentation.
However, for EB1C, there is no premium processing request available. Thus, with regular processing, you need to wait at least 9.5 months, but it varies depending on the USCIS service center.
I-485 Application (Adjustment of Status)
If your priority date aligns with or precedes the final action date in the monthly visa bulletin for your preference category, you can apply for an I-485 application with USCIS.
EB1 has a special advantage; its final action dates advance faster than EB2 and EB3 green card categories. That being said, in the January 2024 visa bulletin, the final action dates for the EB1 category advance by years, whereas the final action dates for the EB2 and EB3 categories advance by just months.
When you file your I-485 in the EB1 category, you can apply for your Employment Authorization and Travel Document along with it. Therefore, within 3 months, you can obtain your EAD and travel document, allowing you to work in the US legally until you receive your green card.
The processing time for the EB1 I-485 application differs based on USCIS service centers. However, once your I-485 application is approved, you will receive your EB1 green card.
Filing Location of EB1 Applications
Filing locations for EB1 category green card applications vary depending on the following:
- Whether you filed the I-140 application standalone
- Whether you filed the I-140 application concurrently with Form I-485
- Whether you filed the I-140 application along with a premium processing request
- Whether you filed a premium processing request for a pending I-140 application
- Whether you filed the I-485 applications separately
You need to check the Direct Filing Addresses for Form I-140, Immigrant Petition for Alien Worker, in case you file Form I-140 separately or along with other forms or a pending I-140 petition. In the case of an I-485 application, you need to file it at the Direct Filing Addresses for Form I-485 page.
Filing Fees for EB-1 Forms Based on USCIS’s Current Fee Hike
The final rule for the fee hike for various immigration petitions and applications has been recently released, and it will take effect from April 1, 2024.
According to the new fee hike rule, the filing fees for EB-1 applications are as follows:
- For I-140, the immigrant petition for Alien Worker, the fee increases from $700 to $715.
- For I-485, the Application to Register Permanent Residence along with the biometric fee increases from $1225 to $1440.
Inclusion of Family in the EB-1 category
Once your EB-1 I-140 is approved, your spouse and unmarried children under the age of 21 are eligible to obtain their green cards in the E14 or E15 immigration status, respectively.
However, you need to file separate I-485 applications for them. To understand the filing process to include dependents on your green card application, check out our recent guide on the I-485 process.
Conclusion
When comparing EB1 with other green card options such as EB2 and EB3, EB1 has a shorter green card wait time. Additionally, the EB1 green card priority date India advances more quickly than the priority dates for EB2 and EB3 green card categories.
Within the EB1 category, EB1A offers more benefits, as it doesn’t require employer sponsorship or a job offer. Furthermore, for EB1A, there is no labor certification required, eliminating the need for the PERM process. However, both EB1B and EB1C require the petitioner to sponsor your green card application and necessitate a job offer.
Considering the strict requirements for the EB1A green card, so far, through the Smart Green Card VIP plan, we have successfully helped individuals build their EB1A profile within 6 months or less, leading to approvals without encountering Requests for Evidence (RFEs). If you are seeking practical guidance to build a compelling EB1A profile, check out our Smart Green Card VIP plan.
- SGC
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