Extraordinary Ability Green Card

Are you an L-1A visa holder seeking permanent residency in the United States? The EB-1 green card category is your pathway to legal permanence. As a multinational manager or executive, you’ve already demonstrated your leadership skills and expertise.

The EB-1 green card is reserved for individuals with extraordinary abilities, outstanding research contributions, or those serving as multinational managers and executives. By transitioning from L-1A to EB-1C, you can secure your place as a permanent resident in the U.S.

To qualify for EB-1C, you must meet specific requirements:

Multinational Executive or Manager Role: Document your one-year employment abroad in a managerial or executive capacity. Highlight your impact within the organization.
Extraordinary Ability (Optional): While not mandatory, showcasing extraordinary abilities can strengthen your case. Provide evidence of awards, publications, or significant contributions.

Gather essential documents for your I-140 petition:

Job Offer Letter: Detailing your executive or managerial position.
Proof of Multinational Relationship: Show the connection between the U.S. company and the foreign entity.
Evidence of Employment Abroad: Documents proving your one-year employment.
Resume/CV and Letters of Recommendation: Highlight your qualifications and achievements.

What is the Application Process for the EB-1 Visa?

EB-1A Extraordinary Ability:You may apply by filing a Form I-140, Petition for Alien Worker.

EB-1B Outstanding Professors and Researchers: Your U.S. employer must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
EB-1C Multinational Manager or Executive:Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.

How long does it take to get the EB-1 visa approved?

EB-1 green card can be processed for as fast as 15 days with premium processing. If you choose regular processing, I-140 may be approved much longer depending on the processing center. As of March 2023, the processing times for I-140 regular processing are as follows:

Nebraska Service Center: 20 months

Texas Service Center: 22 months

How much does the EB-1 visa cost?

The government filing fees as of January 2022 for filing Form I-140 is $700. You will, of course also have to take into consideration your attorney’s fees for the EB-1 visa vary, depending on the complexity of your case. After your I-140 is approved, there will be additional filings required to obtain a green card. These include I-485, I-131, and I-765. Consult your immigration attorney how much these will cost while strategizing about your EB-1 visa filing.

EB-1 visa Filing Fees

The fees for filing for EB-1A from within the United States are as follows:

· I-140 basic filing fee: $700

· I-485 fee: $1,140

· Biometrics fee (if applicable): $85

· Premium processing fee (optional): $2,500

For filing outside of the United States:

· I-140 basic filing fee: $700

· DS-260 fee: $325

· Affidavit of Support fee: $120

· Biometrics fee (if applicable): $85

· Premium processing fee (optional): $2,500

What happens after my I-140 is approved?

Once USCIS approves your I-140 petition, you will receive a paper receipt notice I-797 Notice of Action. If you selected premium processing, you will first receive this notice in the email. Typically, it takes between 1 to 3 weeks to receive this notice. After the I-140 is approved, you will be ready for the “green card” phase. During the green card phase, your attorney will file for either Adjustment of Status if you are in the United States, or file for consular processing if you are residing abroad. Occasionally, an attorney may choose to file the green card petition concurrently with the I-140. This will depend on the facts of your case, its category, and other factors.