The EB1 visa allows expats who have made significant progress in their studies or work to immigrate to the United States. Given that in 2024 the country significantly simplified the requirements for applicants, obtaining this visa has become even easier. Find out who can get an EB1 visa in the US and what requirements are relevant in 2024

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The United States Citizenship and Immigration Services (USCIS) has announced changes to the requirements for expats regarding the EB-1 visa application process. The new rules will be aimed at improving the migration process for highly qualified professionals.

The features of the EB-1 visa and new requirements in 2024 are discussed further in this article.

What is an EB1 visa in the US?

The EB-1 visa is an employment-based immigrant visa that allows aliens who have made significant progress in education or work to immigrate to the United States. Expats who demonstrate exceptional skills in fields such as science, art, education, business or sports can obtain a permit.

The advantage is that not only the main applicant, but also family members (wife and children) get a fast track to a green card.

What are the requirements for EB1 visa in the US that have changed in 2024

A key change that the US government introduced to the EB1 visa process was the approval of the ability to recognize team awards. The new condition expands the qualifications for EB-1 applicants, thereby making it easier for expats participating in collaborative projects to qualify under the extraordinary ability subcategory. Previously, the applicant was evaluated solely on individual achievements.

Who can get an EB1 visa after the team achievement requirements are approved?

-Technology engineers – experts who have contributed to award-winning software can now use teamwork as part of their EB-1 application.

- Athletes are internationally recognized athletes who are members of teams that have achieved significant victories.

- Researchers - Individuals involved in innovative, internationally recognized scientific research may find it easier to qualify under the revised EB-1A guidelines.

Who can apply for an EB1 visa?

Depending on the variety of achievements that applicants may have, the US government has divided the EB1 visa into three subcategories:

1. Expats who have extraordinary abilities in the fields of art, science, education, sports and business.

Applicants from this category must be internationally recognized specialists. An important difference is that they do not need an offer of employment to apply for an EB1 visa.

2. Distinguished professors and researchers who have received international recognition for their contributions in certain fields.

This category of expats must have at least 3 years of experience in research or teaching, and they must demonstrate that they are moving to the US to further their field in a research or teaching position at a university.

3. Executives who have worked in an international branch of a US company for at least 1 year in the last 3 years.

Expats in this category are required to apply for an EB1 visa to continue working for this company, and their position in the US must be the same or higher than the one they held in the other country.

Who is eligible to apply for an EB1 visa in the United States?

To obtain a permit and apply for a green card, the applicant must meet at least three of the following criteria:

- Have received a national or international prize/award for their achievements.

- To be a member of an association of the chosen industry, which constantly requires its members to improve.

- Publish articles or research in the chosen field that have been recognized in journals or mass media.

- You are asked to evaluate the work of other people both individually and in a group.

- You have made a significant contribution to your field of science, art, sports or business.

- Wrote articles that were published in professional publications or mainstream media.

- Your works were presented at exhibitions or other events.

- You have a certificate that you played a decisive role in an outstanding organization.

- Earn a high salary and are expected to be well rewarded compared to others in your industry.

- Achieved commercial success in art.

How do I apply for an EB1 visa to the US?

The EB1 visa application process consists of several stages, involving both the employer and the foreign worker:

Step 1 – The US employer obtains a labor certificate and files the necessary petitions.

Step 2 – If approved, the foreign worker applies for an EB1 visa at the US embassy in their home country.

If you are applying on the basis of extraordinary ability, you do not need an employer to submit a petition, as you can submit it yourself.

For EB1 Professor/Researcher and Multinational Manager visas, your employer must petition for you.

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Package of documents for obtaining an EB1 visa to the USA

- A passport that must be valid for more than 6 months after the intended entry into the United States.

- An offer of employment from a US employer.

- Approved labor certification.

- Approved motion.

- DS-260 confirmation page.

- Signed medical documents and documents on the availability of vaccinations.

- Two photos that meet US visa photo requirements.

- Confirmation that you meet the requirements for the visa you are applying for.

- Sponsorship letter from the employer.

- Letters from previous employers.

- Certificate of no criminal record.

Depending on the specific case, the NVC may require other supporting documents, so you should follow their instructions carefully.

The cost of applying for an EB-1 visa in the United States

For those who wish to apply for an EB-1 visa, the filing fee for Form I-140, Immigrant Petition for Foreign Workers, is $700. EB-1A applicants who can self-petition must cover these costs themselves, otherwise the sponsoring employer usually pays the fee.

How long does it take to process an EB1 visa?

The EB1 visa application period can range from several months to several years. Because work visas have limitations, the EB1 processing time can be quite long.

How do I get lawful permanent resident (LPR) status?

The next step after obtaining an EB1 visa is to obtain a Green Card. To change your status from an immigrant visa to a lawful permanent resident, you must first have an approved USCIS petition and visa and live in the United States.

After that, you must file Form I-485, Application for Registration of Permanent Residence or Adjustment of Status with USCIS. This form will be processed and if approved, you will receive your green card in the mail in a few weeks.

The US is simplifying the procedure for obtaining a permit for extraordinary talent, and the latest changes in the country's immigration laws best demonstrate this trend. USCIS has opened new doors for professionals in various fields, offering them a clearer path to obtaining permanent residence in the United States of America.

We will remind you! The US government has reduced the permitted period of stay abroad on the basis of the F1 visa for international students. We have already told what changes expats can expect and how educational institutions have reacted.

Igor Usyk - Head of Migration department at VisitWorld

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