EB1-2 Visa

For your EB1-2 visa application, you have to provide at least two of the following comparable evidence to demonstrate international recognition in your discipline:

• Evidence of a major award or prize for an achievement in your academic field of major significance.
• Evidence that you’re a member of a professional achievement that requires remarkable achievements
• Copies of your academic writings and published material in professional journals. This may be written by you or by someone else about your work.
• Evidence that you participated, either on a panel or as an individual, as a judge of other people’s work in your academic field or related field.
• Copies of your scholarly research or original scientific contributions to your academic field
• Evidence to show that you’re the author of international recognized scholarly articles or books in scholarly journals.

Other required evidence may include:

• Reference letters from your previous employments to show that you meet the 3-year minimum experience requirement.
• A letter or contract document showing that your job position requires a permanent researcher that is tenured or is on the tenure track teaching any or a specific subject.
• Proof showing that your employer (if private) has substantial research achievements, employs at least 3 other full-time researchers, and intends to hire you for permanent research work.
• Evidence that shows you’ll continue with your research or teaching in the U.S.

To start your EB-12 application, your U.S. employer must file a Petition for Alien Worker known as Form I-140. Unlike some other work immigration visas, the EB1 visas do not require PERM Labor Certification.

Notably, your U.S. employer must show that they can continue paying the stated wage as of your priority date. They can submit an annual report, tax return, or audited financial statement for proof of ability to pay. If your Form I-140 is approved, it’ll be sent to the National Visa Center.

Then you will have to submit the Immigrant Visa and Alien Registration Application, known as Form DS-260. Pay all applicable fees, schedule your interview, and print your application and interview confirmation page. You’ll have to take this page with you for your visa interview.

When it gets to your priority date, you have to attend your visa interview at a U.S. embassy or consulate in your country. If you pass your interview, you’ll get your visa, and you can enter the U.S. For those in the United States, you have to file Form I-485 for an adjustment of status. You’ll attend your interview at a USCIS office.

All or some of the following fees may apply to your EB1-2 visa application:

• Form DS-260 filing fee: $325
• Affidavit of Support: $120
• Form I-485 filing fee for adjustment of status: Varies; $750 or $1,140
• Biometrics fee (if applicable): $85
• USCIS Immigrant Fee (if applicable): $220

The filing fee for Form I-140 is $700, but your sponsor will take care of it. You may have to pay other fees for medical examinations, vaccinations.

A visa interview is mandatory for all EB1-2 visa applicants, and it is one of the most important stages of the entire application process. At the embassy or consulate, a consular officer – the interviewer – will ask you questions about your visa application based on the documents you provide.

The interviewer may ask questions about your background, education, job qualifications, employer, employment offer in the U.S., and employer. You’ll get your visa if the interviewer finds your answers and the evidence provided satisfactory.

If your dependents intend to move to the U.S. with you, they too need to attend an interview for their E-14 or E-15 visa application. For theirs, the interviewer will ask questions about your relationship also based on the documents you submit. Children under 14 years may not need to attend an interview.

All EB1-2 applicants must undergo a medical examination to show that they are in good health to enter and live in the United States without endangering the health of others. The candidate must also receive all necessary vaccinations.

The NVC will send you information which will include all instructions on what vaccinations you must take and your medical examination. A licensed medical doctor will conduct the medical examination and give you a sealed report to submit at the embassy.

EB1-2 visas have current priority dates, so they have shorter wait times than other types of immigrant visas. The processing time for Form I-140 is around 6 to 9 months.

Your employer can apply for Premium Processing if your case is urgent and meets premium processing requirements. It costs $2,500, and your employer has to file Form I-907. Premium Processing ensures that your application is processed within just 15 days.