Can I apply for the EB1 on my own?
There are several ways to apply for permanent residency in the United States, including through employment-based (EB) Immigration Visas and Green Cards.
Around 140,000 employment-based immigrant visas and US Permanent Resident Green Cards are issued each year through five preference categories: EB1, EB2, EB3, EB4 and EB5.
The EB1 Immigrant Visa and Green Card offers lawful permanent resident (LPR) status to eligible skilled foreign workers who possess extraordinary ability, who are outstanding researchers or professors, or who are multinational executives or managers.
A skilled foreign worker who is granted an EB1 Immigrant Visa and Green Card can live, study and work in the USA for an unlimited amount of time; his or her spouse and dependent children can also become US permanent residents; plus they can enjoy many other benefits.
This article will provide an overview about the EB1 Visa and Green Card and address the important question that many people ask: Can I apply for an EB1 on my own?
Table of Contents
What is the employment-based 1 (EB1) visa?
The EB1 (employment-based) Immigrant Visa is a Permanent Resident (PR) Visa to the United States designed for skilled foreign workers who:
- have extraordinary ability in the arts, athletics, business, education or science; or
- are outstanding researchers or professors; or
- are a certain type of multinational executive or manager.
The EB1 Visa is issued along with a US Permanent Resident Green Card to allow a skilled foreign worker to:
- Live in the USA for an unlimited time period
- Work in the US for an unlimited length of time
- Study at educational institutions in the USA
- Sponsor other family members for a US Green Card
- Travel to and from the United States
- Buy a home and/or start a business in the USA
- Get a driving license in the US state of residence
- Receive Social Security benefits once eligible
- Enjoy equality and freedoms protected by federal, state and local laws
- Apply for US citizenship after living in the USA for 5 years
The spouse (opposite sex or same sex) and dependent children (unmarried and under 21 years of age) of an EB1 Visa holder can also apply to become US permanent residents.
When applying for the EB1 Visa and Green Card, there are various criteria that must be satisfied and these are different depending on which of the three EB1 categories a person is applying under (i.e., extraordinary ability; outstanding researcher or professor; or multinational executive or manager).
The extraordinary ability category of the EB1 Visa does not require an offer of US employment or a labor certification, but the applicant must satisfy at least three of the 10 eligibility criteria.
The EB1 Visa’s outstanding researchers and professors category does require an offer of US employment, but a labor certification is not needed, however, a minimum of two out of six eligibility criteria must be satisfied.
The multinational executives and managers category of the EB1 Visa does require an offer of US employment, but does not require a labor certification, however, there are other eligibility criteria to meet.
Can I apply for the EB1 on my own?
Skilled foreign workers who are applying for the EB1 Visa through the extraordinary ability category can file the Petition for Alien Worker (Form I-140) on their own with US Citizenship and Immigration Services (USCIS).
The sponsoring US employer must file the Petition for Alien Worker (Form I-140) with USCIS on behalf of the EB1 Visa applicant for the outstanding researchers and professors category or the multinational executives and managers category.
Once the Petition for Alien Worker (Form I-140) is approved by USCIS, it will be forwarded to the National Visa Center (NVC) which will issue a case number for the petition.
After the skilled foreign worker’s priority date meets the relevant qualifying date, then he or she will be permitted to file the Immigrant Visa Electronic Application (Form DS-260) with the NVC.
The spouse of the EB1 Visa applicant can apply for the E-14 Immigrant Visa and the dependent children can apply for the E-15 Immigrant Visa.
A medical exam from an approved panel physician will be required for each family member who is applying for an Immigrant Visa and Green Card, other documents will also need to be provided, plus the governmental fees must be paid.
When the NVC decides that the skilled foreign worker’s file is ready, it will schedule an interview at the relevant American Embassy or Consulate and forward the file and documents there.
An email or letter with the interview details (e.g., date, time and place) will be sent to the applicant.
At the interview, the Immigrant Visa applicant will bring any required documents not already sent to the NVC, including a valid passport, and digital fingerprints will be taken at the US Embassy or Consulate.
During the interview, the consular official will ask some questions and if the applicant is approved, the Immigrant Visa will be placed on a page of the new US permanent resident’s passport and he or she will receive a sealed packet which will be presented to the Customs and Border Protection (CBP) officer at the port of entry in the United States.
The new immigrant will need to enter the United States while his or her Immigrant Visa is valid and must also pay the online Immigrant Fee to USCIS so the plastic Green Card can be sent to the designated address in the United States.
The US Permanent Resident Green Card is generally valid for 10 years and can be renewed indefinitely for 10 years each time.
After living in the USA with a Green Card for five years and meeting other eligibility requirements, a US permanent resident has the option to apply for American citizenship.
Please note that this is an overview about the EB1 Visa and further details can be provided.
Pros and cons of applying on your own
There are pros and cons to applying for the EB1 Visa on your own.
One of the pros (good points) is that you can save money by doing it yourself.
On the other hand, one of the cons (bad points) is that the application process is complex, takes time and making mistakes could jeopardize the outcome.
Should you apply alone for the EB1 Visa?
Whether you should apply for the EB1 Visa on your own is a decision that only you can make.
There are several steps involved when applying for the EB1 Visa and a variety of eligibility requirements must be satisfied.
Before starting this lengthy US immigration process, it is wise to find out if you are eligible for the EB1 Visa or if there is another US visa that better matches your profile.
Some people can apply for the EB1 Visa on their own, while others choose to receive assistance from experienced professionals who can help to simply the complicated procedure and make sure it is done correctly.
Conclusion
Thousands of skilled foreign workers are granted the EB1 Immigrant Visa and US Permanent Resident Green Card every year to live, study and work in the USA for an unlimited length of time.
Individuals applying for the EB1 Visa through the extraordinary ability category don’t need a US job offer or labor certification and can file the Form I-140 petition on their own and if it is approved, can also apply for the EB1 Immigrant Visa (i.e., file the Form DS-260) on their own.
Persons applying for the EB1 Visa through the outstanding researchers and professors category or the multinational executives and managers category must first get a US job offer, the sponsoring employer needs to file the Form I-140 petition, however, skilled foreign workers will normally apply for the EB1 Immigrant Visa on their own.
Having said that, it can be helpful to receive guidance from experienced professionals who can explain your US immigration options, assist you with preparing the required documents and answer questions you may have about the process.
Since 2001, USAFIS has been providing information and services to help the US relocation process go smoothly for individuals and families who want to live and work in the United States.
USAFIS can provide you with a US Visa Assessment that will evaluate your eligibility for the EB1 Immigrant Visa or other immigrant or non-immigrant visas, so you will know at the beginning of the process what your best options are.
Frequently Asked Questions (FAQ’s)
Is it recommended to seek assistance when applying for an EB-1 visa?
Applying for an EB-1 Visa is a complicated and lengthy process, so it is recommended to seek assistance from experienced professionals who can guide you during the procedure. This can help you to save time and money, as well as avoid mistakes that could delay the process.
What evidence is required for an EB-1A self-petition?
A person who is self-petitioning for the EB-1A Visa (extraordinary ability) needs to satisfy a minimum of three out of 10 criteria. The criteria include evidence of: membership in organizations in the field that require outstanding accomplishments from their members; having received awards or prizes for excellence that are recognized internationally or nationally; having been asked to judge individually or on a panel the works of others; published material in major trade or professional publications or major media that talks about you; having made original artistic, athletic, business-related, scholarly or scientific contributions of great significance to the field; playing an important or leading role in a distinguished organization; having success commercially in the performing arts; having your work on display at showcases or artistic exhibits; having a high salary or other compensation in comparison to others in your field; and having written scholarly articles that appeared in major trade or professional publications or other major media.
How can I stay informed about changes in the EB-1 Visa if I apply on my own?
It can be a challenge to stay informed regarding changes related to the EB-1 Visa when you apply by yourself. The USAFIS website is a good general source of information. You can also read about the latest US visa information on the USCIS and US State Department websites. Additionally, major news organizations will often publish articles when important changes to US immigration regulations occur.
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