Immigration for the Talented
This green card category is for individuals with extraordinary ability, outstanding professors or researchers, and multinational executives or managers.
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EB-1A – For individuals with extraordinary ability in fields like science, arts, education, business, or athletics (no employer sponsorship required).
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EB-1B – For outstanding professors and researchers with international recognition (requires a job offer).
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O-1 - For individuals with extraordinary ability or achievement in sciences, education, business, athletics, arts, motion picture and television industry, who intend to work temporarily in their field in the United States.
EB-1A - "Einstein Visa"
EB-1A Visa, known as the "Einstein Visa," is an employment-based Green Card for individuals with extraordinary abilities in sciences, arts, education, business, or athletics. It allows top-tier professionals—like researchers, innovators, and Olympic athletes—to live and work permanently in the U.S.
Benefits of EB1-A Visa
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Allows you to live and work permanently in the U.S. based on your extraordinary ability
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No job offer or employer sponsorship is required, giving you the freedom to work for any company or start your own business
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Direct path to a green card without the need for labor certification
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Priority processing with typically shorter wait times than other employment-based categories
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Spouses and unmarried children under 21 can be included in your application for permanent residency
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No degree requirements, making it accessible to self-taught experts and innovators
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Flexibility to work across different projects or ventures in your field of expertise
Eligibility Requirements
Applicants must prove extraordinary ability with:
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Evidence of one major international award (e.g., Oscar, Pulitzer, Olympic medal), or
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Meeting 3 of 10 criteria, such as:
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Membership in exclusive associations.
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Significant media coverage.
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Major contributions to their field.
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High salary indicative of expertise.
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How Long Does It Take?
The processing time will depends on several factors, including whether premium processing is used. Form I-140 petition typically takes 6 to 9 months under standard processing, but with premium processing, USCIS guarantees an answer within 15 business days.
If the applicant is in the U.S., the Adjustment of Status (Form I-485) process usually takes 3 to 12 months. For applicants outside the U.S., consular processing adds another 6 to 12 months after the I-140 approval.
EB-1B - Outstanding Professors and Researchers
EB-1B Visa is an employment-based immigrant visa designed for outstanding professors and researchers. It provides a pathway to U.S. permanent residency (Green Card) for individuals who have achieved significant recognition in their academic or research fields. Unlike the EB-1A, the EB-1B requires sponsorship by a U.S. employer, typically a university, college, or research institution.
Eligibility Requirements
To qualify for the EB-1B visa, applicants must meet the following criteria:
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Demonstrate international recognition as outstanding in a specific academic field.
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Possess at least three (3) years of teaching or research experience in the academic field. Experience gained while pursuing an advanced degree is acceptable if the individual has acquired the degree and the teaching or research was recognized within academic field.
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Secure a job offer for one of the following positions:
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Tenured or tenure-track teaching position at a university or institution of higher education.
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Comparable research position at a university or institution of higher education.
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Research position with a private employer that employs at least three full-time researchers and has documented accomplishments in the research field.
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What Evidence Do I Need?
Applicants must provide evidence of at least two of the following:
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Awards: Receipt of major prizes or awards for outstanding achievement.
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Memberships: Membership in associations that require outstanding achievements of their members.
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Publications: Published material in professional publications written by others about applicant's work.
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Judging: Participation as a judge of the work of others in the same or allied academic field.
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Original Contributions: Original scientific or scholarly research contributions in the field.
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Authorship: Authorship of scholarly books or articles in scholarly journals with international circulation.
Application Process
Step 1. The U.S. employer files Form I-140, Petition for Alien Worker, on behalf of the applicant.
Step 2. Submit documentation supporting the applicant's outstanding achievements and qualifications.
Step 3. USCIS evaluates the petition and supporting evidence to determine eligibility.
Step 4. Upon approval, the applicant may apply for adjustment of status if in the U.S. or undergo consular processing if abroad to obtain permanent residency.
O-1 Visa - Individuals with Extraordinary Ability or Achievement
O-1 visa is a nonimmigrant visa, meaning it does not provide a pathway to lawful permanent residency or U.S. citizenship. This visa allows you to remain in the United States for a designated period while working. If you wish to extend your stay beyond that period, you must apply for an extension.
Types of O-1 Visas
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O-1A visa is designed for individuals with extraordinary abilities in the fields: science, education, business, and athletics.
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O-1B Visa is available to individuals with extraordinary abilities in the arts or a record of extraordinary achievement in the television or motion picture industry.
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O-2 Visa is for individuals who assist O-1 visa holders in the fields of athletics or the arts.
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O-3 Visa is for spouses and children of O-1 or O-2 visa holders.
Eligibility Requirements
To qualify, applicants must demonstrate extraordinary ability through sustained national or international recognition. Additionally, they must intend to visit the United States temporarily to continue working in their field of expertise.
The definition of extraordinary ability varies by field:
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Arts: A high level of achievement demonstrated through prominence, renown, or recognition as a leading artist.
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Other Fields: Expertise that places the individual among the elite in their field, showcasing exceptional skill and knowledge.
How to Apply?
Individuals cannot apply for an O-1 visa on their own. A U.S.-based employer, agent, or foreign employer (working through a U.S. agent) must file the application on their behalf. This process involves submitting Form I-129, Petition for Nonimmigrant Worker.
Employer Requirements
When petitioning for an O-1 visa, employers must provide:
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A written advisory opinion from a peer group, labor union, or expert in the beneficiary’s field. (Exceptions exist if no such group exists, in which case a waiver may be requested.)
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A copy of the contract between the employer and the worker.
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A detailed explanation of the work to be performed.
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A copy of the itinerary, if applicable.
How Long Can You Stay on an O-1 Visa?
O-1 visa holders can stay in the United States for an initial period of up to three (3) years. If the work requires additional time, employers may request one-year extensions as needed.
Family Members
Spouses and children under 21 may accompany O-1 visa holders to the United States under O-3 visas. They must also file for extensions if the O-1 visa holder extends their stay.
Can I Change Employers?
If an O-1 visa holder changes employers, the new employer must file Form I-129 on their behalf. If the original petition was filed by an agent, the new employer must submit an amended petition with evidence of employment. For significant changes in employment terms, the employer or agent who filed the original petition must submit an amended Form I-129 to the same service center.
Special Cases for Athletes: Athletes traded between teams are subject to unique rules. Employers or agents in such cases are strongly advised to consult with an immigration attorney to ensure compliance with U.S. immigration laws.
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