June 22, 2020 update: President Trump temporarily suspended several new work visas, including H-1B visas. Read the New York Times article.
EB-1 (employment-based, preference 1) visas give permanent U.S. residency to foreigners with “extraordinary ability” in science, art, education, business, or sports. Foreigners or employers may apply for EB-1 visas using a Form I-140.
Below our Las Vegas employment visa attorneys answer frequently-asked-questions about EB-1 immigrant visas in Nevada, including application processes, interviews, time frames and fees. Click on a topic to go to that section.
- 1. Do I qualify for an EB-1 visa in Las Vegas, NV?
- 2. How do I prove I am eligible for an EB-1 visa?
- 3. How do I apply for an EB-1 visa in Las Vegas, NV?
- 4. How long does it take to get an EB-1 visa?
- 5. How much does it cost to get an EB-1 visa?
- 6. Can my family come with me on an EB-1 visa in Las Vegas, NV?
Also see our articles on EB-2 visas in Las Vegas Nevada, EB-3 visas in Las Vegas Nevada, EB-4 visas in Las Vegas Nevada, and EB-5 visas in Las Vegas Nevada. Also see our article on non-immigrant O-1 visas in Las Vegas Nevada for foreigners with “extraordinary ability.”
Employment-based visas in Las Vegas Nevada are divided into five different preference categories. The first preference category is set aside for priority workers. Typically, the foreign worker will be eligible for this preference category if he has extraordinary ability, is an outstanding professor or researcher, or is a multinational executive or manager. Within each occupation, there are requirements that must be met:
- Extraordinary Ability: The foreign worker must be able to provide evidence that he has extraordinary ability in the arts, sciences, business, education, or athletics through sustained national or international acclaim. The achievements must be legitimately recognized in the field through extensive documentation. In this situation, no offer of employment is required.
- Outstanding Professor or Researcher: Here, the foreign worker must provide proof of international recognition related to outstanding achievements in a particular academic field. The foreign worker must show that he has a minimum of three years experience in either teaching or research in the academic area and must be entering the U.S. in order to seek tenure at a university or other similar institution.
- Multinational Executive or Manager: To be eligible under this category, the foreign worker must have been employed outside of the U.S. in the three years prior to submitting the petition for at least one year by a corporation or firm and must be hoping to enter the U.S. to continue service with that corporation or firm. The employment must have been outside of the U.S., in a managerial or executive capacity, and must have been with the same employer.
Also see our article on L-1 visas for executives or manager worker visas in Nevada.
The evidence a foreign worker needs to produce in order to qualify for an EB-1 visa depends on the category he/she falls under:
Extraordinary Ability (EB1-A) visas:
- Evidence of receipt or lesser nationally or internationally recognized prizes or awards of excellence;
- Evidence of membership in associations in the field that demand outstanding achievement;
- Evidence of published material about the worker in professional publications or other major media;
- Evidence that the worker has been asked to judge the work of others;
- Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance;
- Evidence of authorship of scholarly articles in professional publications or other media;
- Evidence that his work has been displayed at artistic showcases;
- Evidence that the worker has played a leading or critical role in a distinguished organization;
- Evidence that the worker commands a high salary in the field; and/or
- Evidence that the worker has seen commercial success in the performing arts.
Outstanding Professor or Researcher (EB1-B) visas:
In this category, the foreign worker must show evidence that he/she has received an employment offer from the prospective U.S. employer and must include documentation regarding two of the following six criteria:
- Evidence of having received major prizes or awards for outstanding achievement;
- Evidence of membership in associations that require members to show outstanding achievement;
- Evidence of published material in professional publications written by others regarding the foreign worker’s work in the academic field;
- Evidence of participation in judging the work of others in the same academic field;
- Evidence of original scientific or scholarly research contributions in the field; and/or
- Evidence of authorship of scholarly books or articles in the specific field.
Multinational Executive or Manager (EB1-C) visas:
The petitioning employer must be a U.S. employer and must have been in business for a minimum of one year, as an affiliate, subsidiary, or as the same corporation or other legal entity that employed the foreign worker abroad.
It depends on the EB-1 category the foreign worker falls under. If the foreigner has “extraordinary ability,” he/she may file the petition on her own behalf by completing and submitting a Form I-140 to the United States Citizenship and Immigration Services (USCIS). But if the foreigner is an “outstanding professor or researcher” or a “multinational executive or manager,” the employer must complete and submit the Form I-140 to the USCIS on the foreign worker’s behalf.
EB-1 applicants may simultaneously file the I-140 petition as well as the I-485 application for legal permanent status (green cards). EB-1 visas may lead to U.S. citizenship. Learn about applying to become a United States citizen.
On average, eight months to process the EB-1 visa. Then another 6 months to issue lawful permanent residence in Nevada.
The USCIS filing fee for Form I-140 is $700 in Nevada. The Department of State visa processing fee is $345.
Yes, though they also have to fill out the proper visa immigrant applications. Spouses and unmarried children under age 21 are considered “derivative beneficiaries.”
Call a Nevada immigration attorney…
If you are a foreigner of extraordinary ability who wishes to work in Nevada…or if you are a Nevada employer looking to hire an outstanding academic or businessman, you may be able to get an EB-1 visa. Contact our Las Vegas immigration attorneys for a consultation.