EB-1A and EB-1B visas for priority specialists

Visas for Priority Workers EB-1A and EB-1B — Significant Opportunities for Individuals with Outstanding Achievements in Education, Arts, and Business

The EB-1A and EB-1B visas are known as "visas for priority workers." This is the first category of immigration visas available for:

  • World-renowned figures in the arts; 
  • Professionals with scientific achievements;
  • Cultural figures; 
  • Athletes;
  • Education specialists, 
  • Business professionals.

This category of visas includes three subcategories: A, B, and C. We find it meaningful to discuss the last category (EB-1C) separately, as it is intended for managers and businesspeople and is quite specific.

Therefore, we will focus more on the EB-1A and EB-1B visas. 

Features of Obtaining an EB-1A Visa 

This visa is intended for individuals with extraordinary abilities. Typically, those eligible for this visa category include scholars, filmmakers, actors, writers, artists, athletes, and entrepreneurs of international renown. These could be significant achievements in science, art, sports, or entrepreneurship. Of course, your achievements must be documented. It is usually expected that   expertise at a national or international level is involved. 

The primary requirement for obtaining an EB-1A visa is to continue the activities you are engaged in at home. Additionally, when submitting documents to the embassy, it is not necessary to present a specific job offer from an employer. Let’s highlight the main advantages available to you if you become a fortunate holder of an EB-1A visa. Moreover, the criteria for obtaining it are clearly outlined in the immigration legislation of the United States of America. 

What are the main advantages for holders of this visa category?

  • The visa waiting period typically does not exceed 15 business days; 
  • It can be obtained both within the country and outside the United States;
  • Along with the visa petition, there is the possibility of submitting a petition for a Green Card.

The main advantage, of course, is obtaining a Green Card — your first serious step toward permanent residency in the USA. 

To understand whether you are eligible to apply for a visa in this category, we have compiled the main criteria for you. It should be noted that they are quite formal, meaning that an individual decision will be made in each specific case.  

The main criterion is significance at the global, international level, although the national level is not excluded. Therefore, it is beneficial if you are an Olympic champion, world champion, or a holder of an Oscar, Booker, Nobel, or Pulitzer Prize, among others. But if you don’t have this, there's no need to be upset; you will just need to put in a bit more effort to prove that you deserve it. In the case where you are a writer and plan to direct a film in the states, the immigration service may also have certain doubts.

Let’s consider the main criteria for obtaining this visa and what to pay special attention to. Perhaps this will allow you to “take a closer look.”

Formal Criteria for Evaluating Applicants for the EB-1A Visa for Individuals with Extraordinary Abilities

So, you need to prove that you:

  • Are a recipient of a national, preferably international award or prize for achievements in your professional activity;
  • Are a member of a professional association that accepts only individuals with certain achievements in their field;
  • Are a public figure in your country, and there are mentions of you in professional or specialized publications or in the media;
  • Have made a significant contribution to science, education, art, sports, or a contribution related to business activity;
  • Have your own authored or scientific publications in professional or specialized publications and media;
  • Have participated with your works in artistic exhibitions and displays;
  • Are a leader or expert in leading organizations;
  • Receive income or other remuneration from your professional activity that significantly exceeds the generally accepted level in your country and field;
  • Have achieved a high level in performing arts.

EB-1B Visa for Individuals Who Have Achieved Significant Success in Science and Education

This visa is available for researchers and educators, and the work experience in a given field must be at least 3 years. These must be research and scientific developments recognized at the international level.

Initially, in order to apply for a visa in this category, you need an invitation from a leading university in the USA where you plan to hold the position of assistant, teacher, or researcher. Moreover, proficiency in multiple foreign languages, although it significantly expands business and scientific connections at the international level, is not one of the formal criteria for successfully obtaining this visa category, and certainly not a key condition.

The list of main criteria allowing you to apply for an EB-1B visa is significantly shorter than for the visa for individuals with extraordinary abilities, but this does not make obtaining this visa any easier or harder.

Those who have received this visa do not need an internship; they immediately start working in leading institutions in the United States of America. For those who require an internship to confirm their status, a visa of a completely different category is needed.

The key criterion for obtaining this visa is simple: to be an expert of international renown, preferably at the international level, but a national level is also acceptable. Proof will be your numerous articles and publications in professional publications. Unfortunately, if you are a leading and even sought-after “promoted” blogger, but you have no confirmations, only your own blog, you will not be able to apply for this visa category. Evidence of your “recognition” can include:

  • Quotations as an author in reputable international publications;
  • Mention of you as an expert;
  • Interviews with you, etc.

You can also prove yourself by actively participating in expert groups and conferences, evaluation committees, and being a jury member in international competitions. 

Let’s take a closer look at the criteria that are most often paid attention to.

Criteria for Successfully Obtaining the EB-1B Visa

The main criterion is having a specific job offer.  Additionally, you need at least two points from the above list:

  • Presence of awards for outstanding achievements;
  • Membership in various associations;
  • Scientific publications, preferably with critical reviews from other professionals about your scientific works;
  • Confirmed expertise, which will be evidenced by the evaluation of the works of other professionals — your colleagues;
  • Making a significant personal contribution to scientific, educational, or research activities;
  • Your publications in scientific journals, having your monographs and books. 

Now let's consider why it is quite difficult to obtain these visa categories independently, and how we can assist you in this matter.

Why Is It So Important to Turn to Us for Help?

At first glance, all the listed criteria for obtaining a visa seem simple and clear. But, as we know, the simpler a situation seems at first glance, the more complicated it turns out to be in reality. 

You may simply overlook all the nuances, as you have not encountered them in practice. 

And the immigration legislation of the states is quite strict, and visa officers possess a certain degree of “formality.” Therefore, it is much better to trust the collection of documents for obtaining a visa to professional immigration attorneys. By turning to us for help, you:

  • Will significantly save your time;
  • Will eliminate the risk of career difficulties;
  • Will avoid financial losses, which are simply inevitable when applying independently without an immigration attorney.

This article is for informational purposes, and only an immigration attorney can recommend or not recommend these programs and will take on the preparation of your case. 

And then your future immigration to the USA will be quite fast, calm, and measured. 

Immigration to USA

We work with a number of immigration lawyers in California and Nevada and help our clients obtain work immigration and nonimmigrant visas related to their business in the United States. In addition, we help with obtaining a residence permit in the United States (green card) through business.

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