EB-1B Green Cards
Are You Eligible for an EB-1B Green Card?
To qualify for an EB-1B Green Card, you must demonstrate that you have received international recognition for your outstanding achievements in an academic field. Also, you must have at least 3 years experience in teaching or research, and you must be seeking a Green Card to pursue a tenure, tenure-track, or comparable research position with an academic institution.
If you work as a researcher for a private employer, your employer must show that it employs at least 3 full-time researchers and that it has attained documented accomplishments in the field.
How Does the Immigration Service Determine if Your Achievements in the Field are Outstanding?
You can demonstrate that your research or teaching achievements in your field are outstanding by providing a sufficient amount of compelling documentation meeting at least 2 of the following 6 criteria:
Awards: Receipt of major prizes or awards for outstanding achievement.
Memberships: Membership in associations which require outstanding achievements of their members.
Published Articles Written by Others About Your Work: Published material in professional publications written by others about your work (more than merely citations to your work).
Peer Review Activities: Participation as a judge (individually or as a part of a panel) evaluating the work of others in the field.
Original Contributions: Original scientific, scholarly, or artistic contributions in the field.
Published Scholarly Articles Written by You: Evidence of authorship of scholarly books/articles in journals with an international circulation.
What is the EB-1B Green Card Application Process?
To obtain an EB-1B Green Card, you must file, and receive approval of, an I-140 Immigrant Petition and an I-485 Adjustment of Status Application. There are two application filing strategies available, Concurrent Filing or Separate Filing.
Concurrent Filing: If you have a strong EB-1B profile, you can choose to file your I-140 Immigrant Petition and I-485 Adjustment of Status Application together (also called "concurrent filing").
Separate Filing: If there is some uncertainty regarding the strength of your EB-1B profile, you can choose to file your I-140 Immigrant Petition first, and then once it is approved, you can then file your I-1485 Adjustment of Status Application.
The attorneys of Ellis Porter's High-Skilled Immigration Team will be able to help you choose the best application filing strategy for your specific situation.
What are the Main Advantages of Applying for an EB-1B Green Card?
Green Card Backlogs Applicable to Other Green Card Categories Typically Do Not Apply to EB-1B: The Priority Dates for the EB-1B category have generally remained current in the Visa Bulletin, which means that you can file an I-485 Adjustment of Status application concurrently with your EB-1B I-140 Immigrant Petition and avoid lengthy delays that plague individuals born in India or China who are applying for a Green Card under the EB-2 category, as well as individuals who are born in India, China or the Philippines applying under the EB-3 category.
Less Strict Eligibility Criteria as Compared to EB-1A: Compared to the EB-1A Green Card eligibility requirements, which require you to present compelling documentation satisfying 3 of the 10 "extraordinary ability" criteria, the EB-1B Green Card eligibility requirements only require you to present compelling documentation satisfying 2 of the 6 "outstanding" criteria. As a result, USCIS approval rates for EB-1B Green Card applications are significantly higher than EB-1A Green Card applications.
PERM Labor Certification is Not Required: Unlike most other Employment-Based Green Card categories, you do not need to go through the PERM Labor Certification process to show a shortage of U.S. workers in the labor market for your occupation to be eligible to file an EB-1B Green Card application.
Premium Processing is Available: Your EB-1B I-140 Immigrant Petition can be filed under the premium processing program, which means your EB-1B I-140 Immigrant Petition could be approved in as little as 15 days or less if no Request for Evidence (RFE) is issued for your application. Even if an RFE is issued, you will receive a decision on your application within 15 days after the RFE response is submitted.
Is Employer Sponsorship Required?
Yes. An EB-1B Green Card application must be filed by a U.S. employer on your behalf. Unlike the EB-1A Green Card and NIW Green Card categories, which permit you to file your own Green Card application without employer sponsorship, you cannot file your own EB-1B Green Card application independently.
Will My Spouse and Children Also Get a Green Card?
Yes. Your spouse and children (under age 21) will also be able to file I-485 Adjustment of Status Applications as part of your EB-1B Green Card application process, which will allow them to receive their own Green Cards.
What are the Government Filing Fees for an EB-1B Green Card Application?
I-140 Filing Fee: $700
I-140 Premium Processing Fee (if requested): $1,410
I-485 Filing Fee for Principal Applicant: $1,225
I-485 Filing Fee for Dependent Spouse and/or Child over age 14: $1,225 each
I-485 Filing Fee for Dependent Child under age 14: $750 each
What are the Attorney Fees for an EB-1B Green Card Application?
EB-1B I-140 Attorney Fee: $5,000
I-485 Attorney Fee: $1,500 (add $750 for each dependent spouse/child)
These attorney fees are flat fees that covers all legal services provided in support of your EB-1B Green Card application.