Explaining the EB-1 Visa

Introduction 

140,000 immigrant visas are available annually for non-citizens (and their spouses and children) who seek to immigrate to the U.S. based on their job skills.

When immigrating to the U.S., the most common way is to get an employment-based or family-based visa. However, even with employment-based visas, the USCIS has different preference levels for granting visas. This article will cover every aspect of the first preference of employment-based immigration. 

What Is An EB-1 Visa? 

EB-1 is a visa for living and working in the U.S., based on your skills, education, and work experience. The immigration laws provide the annual limit for EB-1 Visa to be 28.6 percent of the worldwide employment limit. The annual limit for the year 2025 reset on 1st October 2024. 

In the category of permanent visa, EB-1 occupies the first preference. The special feature of an EB-1 visa is that it does not require a labor certification from the U.S. Department of Labor (DOL). 

What Is The Eligibility Criteria Of An EB-1 Visa? 

To be eligible for an EB-1 visa you must be a non-citizen. The visa is available to three categories of immigrants:

Extraordinary Ability

To be eligible you must demonstrate an extraordinary ability in science, arts, education, business, or athletics. You must continue to work in your area of expertise after immigration. Additionally, to immigrate you do not need a job offer, however, you must have received a one-time achievement of a major internationally recognized award, or meet 3 of the 10 criteria of extraordinary ability. 

Outstanding Professors and Researchers

You must have 3 years of teaching or research experience in your academic area, demonstrate receipt of an internationally recognized prize or award in that academic field, and evidence of published work including original research contributions. 

You must also have a job offer for a tenured or tenure-track teaching position, or a comparable research position at a university or institution of higher education. In the case of private employment, the private employer has to submit proof that it employs 3 full-time researchers.

Multinational Manager or Executive

You must have been employed abroad for at least one year, in the 3 years preceding the application, and your job offer from the U.S. entity must be for a managerial or executive position. 

Also, the U.S. entity must be doing business in the U.S. for at least one year and should have a qualifying relationship with the company/entity that employed you abroad in a managerial or executive role.

How To Apply for An EB-1 Visa in 2025?

First things first, you should see whether you meet the criteria of the USCIS for an EB-1 Visa. Take a free eligibility test on FileRight.com to determine your eligibility. You must gather all documents and evidence to establish your eligibility before applying. 

Next, you should check the Visa Bulletin and see if your priority date is current. The USCIS releases a new visa bulletin every month so if your date is not current in this month, you can wait for the next month’s bulletin. 

Once your priority date is current you can file Form 1-140, Petition for Alien Workers. If you are a person with extraordinary ability and you apply for an EB-1 Visa, the form can be filed by you on your own, however, in the other categories of EB-1, the form is filed by the employer who sponsors your petition. 

What Is The Cost Of EB-1 Visa?

The application process for an EB-1 visa is by filing Form-140. The cost of immigration can vary depending on whether you are filing from inside or outside the U.S.

If You Are Filing From Within The U.S. 

The fee(s) for filing Form-140 is $715. Further, the USCIS charges an immigrant fee of $235 for processing the immigrant visa packet and green card. 

You would also have to pay $1440 as a filing fee for Form I-485, Adjustment of Status.

If You Are Filing From Outside The U.S.

You or the employer sponsoring you will have to pay $715 for filing Form I-140. Additionally, you will have to pay $345 for filing Form DS-260 and $120 for filing Form I-864, Affidavit of Support. 

If your application is rejected, the USCIS will not refund the fee(s), and you will have to repay the entire fee when filing a fresh petition. FileRight.com offers an application preparation service to help you prepare various immigration applications and ease your immigration journey. 

What Is The Processing Time For EB-1 Visa? 

So now that you know how much it costs to get an EB-1 Visa, how long will it take? The current USCIS processing time of Form-140 is around 6.7 months. However, you can opt for premium processing to expedite your application. Form I-864 usually takes around 6 weeks to be processed. Further, the processing time of Form I-485 varies on the processing center and its backlog and can take anywhere from 4.2 to 13.6 months.

Conclusion

Getting an opportunity to live the American Dream is possible with the right help in your immigration journey. The U.S. provides thousands of visas every year to immigrant workers looking to permanently relocate who can provide significant benefits to the U.S. in the future. It is important for you to properly fill out every petition, and not misrepresent any information, otherwise, the USCIS may reject the same.

If you have any questions or require any assistance, you may contact the licensed immigration experts at FileRight.com.