EB1 visa for Irish citizens

The EB1 Visa is granted to only the most accomplished individuals within their chosen profession and is considered a desirable visa due to its fast processing times.

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    What is the EB1 visa?

    The EB1 Visa is the first-preference, immigrant visa that is entirely employment-based. Due to its highly sought after status, the EB1 Visa is ideal for Irish citizens who can demonstrate outstanding achievement evidence in some occupational categories.

    The EB1 visa leads to a Green Card, which offers holders permanent residency in the US. Once the visa application has been processed successfully, you will be able to move to the US, and remain there permanently, with no further visa applications or extensions. Should you wish to apply to become a US citizen, you can do so after 5 years of continuous residency as a green cardholder.

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    What occupations are eligible for the EB1 visa?

    • Outstanding professors and researchers
    • Certain multinational executives and managers
    • Professionals who have extraordinary abilities in any of the following:
      •  Arts
      •  Athletics
      •  Business
      •  Education
      • Sciences

    Eligibility criteria for Irish Citizens to obtain an EB1 Visa

    To be eligible for an EB1 Visa, you must be an Irish citizen with an extraordinary ability/skill, be an outstanding professor or researcher, or multinational executive or multi-national manager. Depending on which of the three eligibility you meet, there are specific criteria for each.

    An Irish citizen with an extraordinary ability/skill

    Irish citizens who would like to apply for an EB-1A immigrant visa under this category have to be able to demonstrate their ‘extraordinary ability.’

    Essentially, the applicant has to demonstrate that they are in the top one per cent of expertise in their chosen field and have received national or international acclaim.

    You should provide evidence of accepting a major internationally recognized award (for example an Oscar or Olympic medal) or you need to submit at least three of the following:

    • Substantial evidence that you have received lesser national and/or international awards for excellence within your field of expertise
    • Substantial evidence that you are a member of associations that bring together members with leading figures within your field of expertise
    • Substantial evidence of published material/s about you and/or your achievements within your field of expertise
    • Substantial evidence of you having been asked to evaluate the work of others within your chosen field of expertise
    • Substantial evidence of your contributions towards your chosen field of expertise
    • Substantial evidence of written scholarly articles by yourself that have been featured in major media
    • Substantial evidence of your work having been displayed at artistic exhibitions
    • Substantial evidence of holding a leading role within renowned organizations related to your area of expertise
    • Substantial evidence of receiving a high salary, particularly more extensive than those salaries of others within the same field of your expertise
    • Substantial evidence of your personal commercial successes in the field of arts (ie: (box office receipts, sales records, major media evidence, etc)

    It’s also required to show evidence that you will continue to work in their area of expertise in the United States.

    An Irish citizen that is a specific multinational executive or multinational manager

    If you are an Irish citizen who is a multinational manager or director of a company, you will have to be able to prove that you have been employed at a company in Ireland (or another country) that is not in the US for at least one year, and within the three years preceding your EB1 Visa application. If you are already employed in the U.S. under a non-immigrant visa, you must also have worked at least 1 year abroad before working in the United States.

    You must provide a legitimate job offer and the employer who is petitioning on your behalf, must prove they:

    • Have been in business for a minimum of one year.
    • Have a qualifying relationship, ie: as an affiliate or subsidiary of the same company to where you worked abroad
    • Intend and to hire you in either a managerial or executive capacity.

    Unlike the majority of other business immigrant visas, the EB1 visa does not require a significant investment for applicants that are a specific multinational executive or multinational manager.

    An Irish citizen that is an outstanding professor or researcher

    If you are an Irish citizen who is an outstanding professor or researcher, you will need to demonstrate your outstanding achievements within your academic field and that you have received international acclaim.

    You must have a minimum of three years of experience in either teaching or conducting research within your chosen field of expertise. Alongside a job offer, you will need to be able to provide evidence of at least two of the following:

    • Substantial evidence that you have received major awards for your achievements within your field of expertise
    • Substantial evidence that you are a member of associations that only accept members with outstanding achievements within your field of expertise
    • Substantial evidence of others having published material about your personal work and personal achievements
    • Substantial evidence of original scientific and/or scholarly research contributions within your field of expertise
    • Substantial evidence that you have been involved in the evaluation of the work of other professionals within your field of expertise
    • Substantial evidence that you have published scholarly articles or books in journals distributed in Ireland that are within your field of expertise

    In addition to meeting these requirements, you must demonstrate that while in the United States you will pursue tenure or tenure track teaching or a related research position at a university, an institution of higher learning, or a private employer.

    All of the options do not require PERM Labor Certification – which is often a lengthy and costly process.

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      How can Irish Citizens apply for the EB1 Visa?

      The application process for an EB1 Visa will vary slightly depending on which one of the three occupational categories you are applying under.

      Applying for the EB1 Visa as a person with an extraordinary ability:

      If you are applying for an EB1 Visa as an Irish citizen with extraordinary ability, you do not require an employer to petition on your behalf. You can petition for yourself by filling out and completing Form I-140, Petition for Alien Worker. You will not need to have a current job offer from a US employer to qualify for the application, nor will you need to obtain a PERM Labor Certification.

      Applying for the EB1 Visa as an outstanding professor or researcher:

      If you are applying for an EB1 Visa as an outstanding professor or researcher, your potential US employer will have to file Form I-140 (Petition for Alien Worker) on your behalf to start the process.

      They will need to prove their continuing ability to be able to pay your salary once you arrive in the US and start working for them exclusively.

      This category does not require PERM labour certification, but you will need to hold a job offer in the US at the time of applying for the EB1 Visa.

      Applying for the EB1 Visa as a multinational manager or executive:

      If you are applying for an EB1 Visa as a multinational manager or executive, your potential US employer will have to file Form I-140 (Petition for Alien Worker) on your behalf to start the process. They will need to be able to provide substantial proof that you will be employed within their company in a managerial or executive capacity upon your arrival in the US. This job offer is the key factor for your EB1 Visa application.

      Processing time of an EB1 Visa for Irish Citizens

      The EB1 Visa application processing time will depend upon which category you are applying under.

      The processing time for the EB1 Visa as a person with extraordinary ability is often a bit quicker, as you can self-petition and do not have to wait for others to do the work for you.

      The process for the EB1 Visa as an outstanding professor or researcher, or as a multinational manager or executive, you will need your manager/ employer to file the form on your behalf.

      As mentioned due to not needing a PERM Labor Certification, the EB-1 Visa can be acquired much more quickly than most US Green Cards. The majority of other employment-based immigration visas do require a PERM labour certificate, which greatly increases the processing time.

      The processing time is typically between six to eight months. Naturally, time frames will vary depending on the workload of the US Embassy at the time, the quality of your application, and any individual circumstances that may raise any red flags.

      Certain circumstances may require further credibility, depending on which stem of the EB1 Visa you are applying for. In this instance, the USCIS may request additional evidence within your petition, which can prolong your application.

      Bringing your dependents with you to the US with an EB1 visa

      With an EB1 visa, it is permitted to bring your dependents with you to the US. To be considered a dependent, the person must be the legal spouse, civil partner or unmarried children that are 21 years or younger of the EB1 visa holder.

      Your spouse is permitted to gain employment, as long as they complete the Form I-750, apply and get confirmation of an accepted Employment Authorisation. Dependent children are not eligible to work, but any of your dependents may attend school freely, including college and university.

      Costs involved with an EB1 Visa for Irish Citizens

      The following is a breakdown of costs, but keep in mind the international fees and potential currency exchange:

      • Filing Form I-140 = $700 (to be paid by the potential employer where applicable)
      • Filing Form I-485, Adjustment of Status Application (if applicable) = $1,225
      • Biometrics fee = $85
      • Filing form DS-260 = $230 (only applicable when using consular processing)
      • Affidavit of Support required with Form DS-260 = $88 (only applicable when using consular processing)
      • The Premium Processing fee to fast-track your application for the EB1 Visa will cost you $2,500. Although this will get your response within 15 days, it does not guarantee the approval of your EB1 Visa application.

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                  Frequently Asked Questions

                  No, you do not need a job offer for an EB1 visa application under extraordinary ability. You will need to demonstrate adequate documentation, but you can self-petition for your application.

                  Acceptable evidence includes:

                  • Letters from potential employers
                  • Evidence of pre-arranged meetings
                  • Contracts
                  • Other statements

                  An international prize includes Pulitzer Prize, Nobel Prize, An Academy Award, or Olympic Gold Medal.

                  Yes, your spouse is allowed to gain employment, as long as they complete the Form I-750, apply and get confirmation of an accepted Employment Authorisation. There are no limits to the jobs they can do and they could be self-employed.

                  Regardless of the type of visa you select for your circumstances, the best step is to get in touch with the team at Total Law, so you know that you are guaranteed the right path, and stand for a much higher success rate for your immigration application. You can contact us seven days a week, either on the phone or by using the online chat function to speak with one of our client care agents.