The United States offers hopeful immigrants access to employment-based visas for temporary and permanent workers. One type of permanent visa is the Employment-Based First-Preference or EB-1 visa, often called the Einstein Visa.
Warren Law Firm has assisted numerous clients with employment-based immigration. Before consulting an immigration attorney, read our guide to learn what you need for an Einstein visa, including qualifications, requirements, and the processing time for an Einstein visa application.
What is an Einstein Visa?
An Einstein visa, officially known as the EB-1 visa, is a category of U.S. employment-based immigration reserved for individuals with extraordinary abilities. This visa is intended for those who have demonstrated exceptional talent or achievements in fields such as sciences, arts, education, business, or athletics.
The nickname “Einstein visa” comes from its association with the theoretical physicist Albert Einstein, who emigrated to the United States and is widely regarded as one of the most brilliant minds in history. The term symbolizes the high level of distinction required to qualify for this visa, as applicants must prove they are among the top in their field, with evidence of sustained national or international acclaim.
Who is Eligible for an Einstein Visa?
Einstein visas are only awarded to those who’ve shown they’re the brightest and best in their occupational field.
There are three different categories for which someone can qualify for an Einstein visa. Each category has a different set of eligibility requirements:
- Extraordinary Ability: This category is for people who’ve achieved sustained acclaim, internationally or nationally, in the arts, education, sciences, athletics, or business.
- Outstanding Professors and Researchers: These are people who have earned international recognition for their achievements in a field of academic interest. They should have notable accomplishments that set them apart from their peers.
- Certain Multinational Managers or Executives: This category is for experienced business professionals employed as executives and managers.
The Einstein visa is often the first step toward becoming a U.S. citizen. If you have an approved Einstein visa, you can also petition for your spouse and children under 21 to join you in the U.S. Your lawyer can help you determine the best option.
Requirements for an Einstein Visa
Even though the three Einstein visa categories have slightly different requirements for proving eligibility, and only a certain number must be fulfilled to qualify. The United States Citizen and Immigration Services (USCIS) page has a complete list of eligibility criteria for each category.
Examples of some qualifying criteria for an Einstein Visa include:
- Having earned prizes or awards for excellence or outstanding achievement in your field.
- Proof you’ve made contributions to your field that are notably significant.
- Serving as a judge of others’ work, within your same field.
- Evidence that your work has been published in major trade publications in your field or exhibited or showcased on artistic platforms.
- Your level of expertise commands a higher salary than others in your field.
How to Apply for an Einstein Visa
To apply for an Einstein visa from outside the U.S., you or your employer must file Form I-140, Petition for Alien Worker, with USCIS. For candidates already inside the U.S., you or your employer must file the same petition and Form-I-485, Application to Register Permanent Residence or Adjust Status.
Outstanding professors or researchers won’t need an offer of employment and can petition for their Einstein visa by themselves.
Individuals with extraordinary abilities or multinational executives must provide proof of a job offer from a U.S. employer applying for an Einstein visa on your behalf. Your employer will also need to take extra steps to prove their ability to pay you the wage they offered.
In some cases, an Einstein visa does not require you to have a labor certification before filing your petition. However, it will depend on your occupation if you need it or not.
Einstein Visa Processing Time
Some Einstein visa applications can take over a year to process, but the average wait is between seven and eight months. Other factors, such as the type of application form used or if you’re going through a consulate, can make the wait shorter or longer.
A premium service is available for an additional fee, which could shorten the processing time to 15 calendar days unless there is a request for evidence, in which case it is 45 days.
Apply for an Einstein Visa with an Immigration Attorney
If you’re interested in an Einstein visa, our immigration lawyers can guide you through the process. Request a consultation with Warren Law Firm to get started your Einstein visa petition!