One of the most prestigious and fastest routes to get permanent residence in the US, the Einstein Visa gets its name from physicist Albert Einstein who moved to America after the Nazi Party came to power in Germany.

The United States offers an employment-based first-preference (EB-1) visa to people of “extraordinary ability”. These are people who have achieved national or international acclaim in fields like science, arts, education, business and athletics; outstanding professors and researchers; and certain managers and executives of multinational companies. In fiscal year 2022, the US issued just over 55,000 immigrant visas across its five employment-based visa categories.

One of the most prestigious and perhaps fastest routes to American residency, EB-1 is also known as the Einstein Visa. Yes, the nickname is a reference to Nobel Laureate Albert Einstein who was granted a visa by the US government after he renounced German citizenship once the Nazi Party came to power in Germany. Here’s what you need to know about the EB-1 visa, who is eligible for the Einstein visa for US permanent residence, requirements for this US immigration visa, and getting a green card via EB-1 visa. 

What is the “Einstein visa”? And what is the process to get one? 

Individuals who are applauded in the fields of arts, science, schooling, athletics, or business are the model applicants for the EB-1 visa. The requirements for this visa and its eligibility have been mentioned below.

The EB-1 is suitable for immigrants who wish to apply using their abilities and are counted among the top 10% in their field of work.

They may apply for permanent residency by filling out the immigration form with U.S. Citizenship and Immigration Services (USCIS), which receives and reviews visa petitions and permits green card applicants for permanent residence. As of 2021, the fee for filling form l-140, the petition for EB-1 visa is $700.

What are the requirements for an EB-1 Visa?

The criteria for the EB-1 Visa can be quite daunting. To meet the exceptional-ability requirements, applicants must continue to garner appreciation from all across the world due to their expertise in arts, science, schooling, athletics, or business. Extensive documentation of their accomplishments must be provided for credibility. One-time accomplishments like the Nobel Prize, an Olympic medal, an Oscar award, or a Pulitzer may make the applicant an ideal applicant, as per the USCIS.

The requirements for outstanding professors and researchers include demonstrating international acknowledgment in their academic field for at least three years. The applicant must be headed to the U.S. to pursue their tenure or with a designation at a university, higher education, or as a private employer.

The stipulations under the category of manager or executive at the multinational level require the individual to be employed outside the U.S. for a year. This must be out of the three years prior to the petition being submitted. The applicant must also have a certified relationship with the firm they worked for and must look into being employed in the same position by the company.

How does one become eligible for EB-1 Visa?

On the USCIS website, it is stated that in order to submit certification of their successes, a person must meet two of the six standards for “outstanding educators and scholars” and three of the ten standards for “extraordinary ability”. These criteria include:

1. The applicant has shown extraordinary abilities and made significant contributions in their field of expertise (arts, science, education, athletics, or business)-these acknowledgments were further demonstrated through national/international recognition.
2. The individual must display membership in associations (one or more) pertaining to their field. These memberships must have the requirement of extraordinary accomplishments as their appointment criterion.
3. They must show proof of their published work in leading publications or other media.
4. They must show proof if they have attended as a judge to their peers to criticize their works as a member of the panel or individually.
5. The applicant should have made original contributions to their respective fields which could be scholarly, artistic, scientific, or business-related.
6. They must showcase proof of writing academic journals or articles in their field. The journals written should have a global reach.
7. The applicant should have proof if they have played a leading or critical role in a well-known organization.
8. The applicant receives significantly higher pay in comparison to their peers working in the same field.
9. The individual has garnered achievements (awards or prizes) for their accomplishments either globally or across the country.
10. They have made significant achievement in performing arts.

If the applicant has met the criteria given, the USCIS will decide on their eligibility. That said, in order to confirm the submissions, the USCIS does advice applicants to obtain credentials from ten specialists or people of authority (at the minimum). In addition, the submitted references as proof must be applicable to their field.

Where to start: what is the application process?

Extraordinary Ability: They can submit a claim for an EB-1 visa using the application for alien worker form (l-140). Using the l-140 petition form, a noncitizen worker is able to apply to reside permanently in the U.S.

Outstanding Professors and Researchers: As part of the procedure, the applicant must contact their U.S. employer and complete the form l-140. The employer must establish their ability to provide the suggested pay in accordance with the deadline. They can prove that they still have the financial resources to pay the applicant’s salary by providing an annual report or reviewed financial records.

Multinational Manager/Executive: As part of the procedure, the person must get in touch with their American company and complete the form l-140. The employer must establish their ability to provide the suggested pay in accordance with the said date. They can offer an annual report or audited financial documents to show that they still have the means to pay the applicant’s salary.

In contrast to the other visa categories, the category for exceptional talent does not require a family or employer sponsor, in contrast to several other visa categories. Children under the age of 21 and the applicant’s partner may be eligible for an appeal for visas in the United States in categories E-14 or E-15 under the immigration status if the applicant’s l-140 has been granted.

Candidates can obtain a green card via the EB-1 visa due to the success they have had in their particular industries. Although it may seem complex or tedious, following the right guidelines followed and submitting the right documentation can smooth the process. Their criteria, however, can be subjective and vary according to the applicant. If the USCIS denies an EB-1 application, it may be appealed by the Administrative Appeals Office (AAO).

If you’re someone who counts himself/herself among the top achievers in any field globally and are keen on moving to the US, the EB-1 visa, or Einstein Visa, provides one of the quickest ways to continue pursuing your dreams.

A quick run through:

What is the cost?

As of 2021, the fee for filling form l-140, the petition for EB-1 visa is $700. Additionally, other expenses associated with the procedure like biometrics is $85. If the applicant wishes to take additional assistance, make sure to keep attorney fees in mind.

How long do these applications take?

Although the duration of these processes has not been mentioned, the applicant can expedite the process through premium processing. This requires an additional fee of $2,500.

Can the visa holder bring dependents with them?

Yes, when the visa has been approved and the applicant receives their green card, their partners, and dependents (i.e., children under 21) will also be given their green cards.

Some Useful Tips:

Here are some important facts to remember before applying for the visa.

First, being a country known to welcome diverse cultures, it an immigrant-friendly country, encouraging individuals to apply for visas.

This therefore also denotes the presence of Indian/South Asian Communities at large in the country. This is particularly seen in Chicago, Texas, New York, and others.

The U.S. is also highly preferred due to its per capita income in comparison to other countries. Thus, making the country more preferred due to its higher productivity and income rates.

However, the issue of racism still pertains due to the long history U.S. has with the concept. This remains to be of societal issue that may be encountered.

These aspects may be kept in mind before planning further.

References:

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