EB-1 Visa: What is the 'Einstein visa' that agents are ‘guaranteeing’? Eligibility, categories — All you need to know
EB-1 Visa: The EB-1 program spans across the three categories, each having its respective set of ‘evidence’ that a person needs to prove
EB-1 visa: As the Donald Trump administration's crackdown on visas intensifies, attention is shifting to the EB-1 visa – with the category being touted as a suitable alternative to the H-1B visa, for those who meet the eligibility for the same.
Although the EB-1 visa – colloquially known as the ‘Einstein Visa’ is reserved for people with ‘extraordinary talent’ — a report by The Print claims that a growing network of agents offering "guaranteed EB-1 visas" is flooding platforms like LinkedIn, Facebook, and Telegram. As per the report, agents are offering ghostwriting research papers, manufacturing acclaim— all of which give researchers an edge in their visa application.
What is this EB-1 visa that everyone is talking about? What makes a person eligible? Livemint explains.
What is EB-1 visa?
Colloquially known as the ‘Einstein Visa’, the EB-1 category is reserved for people who are “aliens of extraordinary ability”, are “outstanding professor or researchers”.
Who is an ‘alien’?
Donald Trump often uses the term "alien" to refer to non-citizens, especially undocumented immigrants. His usage is typically in the context of border security, illegal immigration, and deportation policies.
The EB-1 visa, meant for the people with ‘extraordinary abilities’ spans across the three categories, each having its respective set of ‘evidence’ that a person needs to prove:
- Extraordinary Ability
- Outstanding professors and researchers
- Certain multinational manager or executive
EB-1 visa eligibility
| EB-1 Category | Who can apply | Eligibility |
|---|---|---|
| Extraordinary Ability | Applicant must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim | Evidence of one-time achievement such as Pulitzer, Oscar is required, or evidence of 3 of the following:
|
| Outstanding Professors and Researchers |
| Applicant needs to meet two of the following criteria:
|
| Certain Multinational manager or executive |
| Employer must be a US employer and intends to employ the person in a managerial or executive capacity. |
How to apply for EB-1 visa?
For those applying under the Extraordinary Ability category, you need to apply yourself by filing a Form I-140, Petition for Alien Worker, states the USCIS.
For the Outstanding Professors and Researchers category, the US employer is required to fill Form I-140, Petition for Alien Worker. As part of the application process, the employer is also required to demonstrate a continuing ability to pay the offered wage such as annual report, or federal income tax returns.
For Multinational Manager or Executive, the US employer is required to file USCIS Form I-140, Petition for Alien Worker. The employer must also be able to demonstrate a continuing ability to pay the offered wage, as in the case of Outstanding Professors and Researchers.
Can EB-1 visa help in acquiring green card?
Although the criteria for EB-1 visa is slightly more demanding than the H-1B visa, the program is a standard means of acquiring a green card to be a US resident.
With the tightening visa rules, the EB-1 visa provides a suitable alternative to H-1B visa for those who meet the required eligibility criteria.
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