EB1 Visa for UK Citizens
If you are a British citizen who is an outstanding professor or a multinational executive, or you have an extraordinary ability, you may be eligible for an EB1 Visa.
To receive assistance with your visa application, call our immigration lawyers today on 0333 305 9375 or live chat.
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What is the EB1 Visa?
The EB1 is an employment-based, first-preference US visa that only three occupational categories are eligible for. These groups are:
- Certain multinational executives and managers
- Outstanding professors and researchers
- Those with extraordinary ability in the sciences, arts, education, business, or athletics.
The EB1 Visa is granted to the most accomplished individuals in their profession. If their visa application is approved, they can return to the US permanently.
One of the biggest advantages of the EB1 Visa is the lack of requirement of PERM Labor Certification. Obtaining the certification is a lengthy and costly process, and its primary goal is to determine whether US workers can fill the available position. The removal of this requirement for the EB1 Visa may make it easier for those wanting to move from the UK to the US.
What Are the EB1 Visa Eligibility Requirements for UK Citizens?
Depending on which occupational category you belong to, the EB1 Visa requirements might be slightly different:
- For UK citizens who are outstanding professors or researchers, you have to demonstrate that you have outstanding achievements in your academic field and that you received international acclaim for them. You must also have at least three years of experience in teaching or conducting research in this field.
- For UK citizens with extraordinary abilities, you must demonstrate your exceptional ability in sciences, arts, education, business, or athletics through national or international recognition.
- For UK citizens who are multinational managers or executives, you must have been employed at a company in the UK or another country that is not the US for at least one year in the three years preceding your EB1 Visa application. Your petitioning employer must be a US employer and intend to employ you in a managerial or executive position.
Regardless of which of these descriptions applies to your situation, you must provide extensive evidence confirming your eligibility for the EB1 Visa.
What Evidence is Required for UK Professors Applying for the EB1 Visa?
To receive the EB1 Visa as an outstanding professor or researcher, you have to provide at least two of the following:
- Evidence of having received major awards for your achievements
- Evidence of being a member of associations that only accept members with outstanding achievements
- Evidence of others publishing material about your work and achievements
- Evidence of participating in evaluating the work of others in the field
- Evidence of original scientific or scholarly research contributions in your field
- Evidence of having written scholarly books or articles that got published in journals distributed in your country of residence and abroad.
If you cannot provide this proof but you believe you are eligible for the EB1 Visa as an outstanding professor or researcher, you can submit comparable evidence. Before you do so, however, seek advice from our immigration lawyers. They will tell you whether the evidence you intend to include in your application is sufficient.
How to Demonstrate My Extraordinary Ability for the EB1 Visa as a UK Citizen?
In order to be eligible for the EB1 Visa via the extraordinary ability track, you have to demonstrate that you have sustained national or international acclaim for your achievements and skills in the field. There are two ways to prove it. You can provide evidence showing that you received a major internationally recognized award, for example, an Oscar or an Olympic Medal, or you can submit at least three of the following:
- Evidence of having received smaller national or international awards for excellence
- Evidence of being a member of professional associations bringing together the leading figures in the field
- Evidence of published material about you and your achievements
- Evidence of having been asked to evaluate the work of others
- Evidence of your original contributions to the field
- Evidence of having written scholarly articles that got featured in major media
- Evidence of having had your work displayed at artistic exhibitions
- Evidence of holding leading roles in renowned organizations
- Evidence of receiving salary higher than the salary of others in the field
- Evidence of your commercial successes in the field of arts.
If you are still unsure how to prove your extraordinary abilities in the field, talk to our immigration lawyers. They will assess your eligibility for the EB1 Visa and will help you gather all the evidence needed to prove your exceptional skills and expertise.
How can UK Citizens Apply for the EB1 Visa?
The application process for the EB1 Visa is different for each of the occupation categories eligible for it.
If you are applying as an outstanding professor or researcher, your US employer has to file Form I-140, Petition for Alien Worker on your behalf. They will also have to prove their continuing ability to pay your salary after you arrive in the US. This category does not require PERM Labor Certification but you need to hold a US job offer at the time of applying for the EB1 Visa.
If you are applying as a UK citizen with extraordinary ability, you can petition for yourself by filing Form I-140, Petition for Alien Worker. You do not need to have a job offer from a US employer to apply. You are also not required to obtain PERM Labor Certification.
If you are applying as a multinational manager or executive, your US employer has to petition for you by filing Form I-140, Petition for Alien Worker. They also have to prove that you will be employed in a managerial or executive capacity after you arrive in the US. Just like with the outstanding professor or researcher category, you have to hold a US job offer to apply for the EB1 Visa.
EB1 Visa Processing Time: How Long Does it Take?
How long UK citizens have to wait for the EB1 Visa depends on the workload of the service center that is processing your application. Moreover, in some cases, USCIS might take longer to assess applicants’ eligibility criteria and check all the supporting evidence. That said, the waiting time for the EB1 Visa also depends on how complex your case is.
On average, however, the processing time of most EB1 Visa applications is between 6 to 8 months.
If the evidence proving your abilities and achievements is not sufficient, USCIS might issue a Request for Evidence. If you receive it, you will have to gather and submit more information and documentation. That can delay your application and extend the waiting time for the EB1 Visa. That is why getting assistance from an immigration lawyer when preparing a portfolio of evidence is highly recommended.
If your visa application is urgent, you can pay a fee of $2,500 for Premium Processing. Then the processing time will be shortened to 15 calendar days. Keep in mind that opting for this service does not increase the chances of your EB1 Visa being approved.
EB1 Visa Cost: How Much do UK citizens have to Pay?
If you want to apply for the EB1 Visa, you have to be ready to pay the following fees:
- $700 for the filing of Form I-140. If a US employer is filing the petition on your behalf, it will be their responsibility to pay it
- $1225 for filing Form I-485, Adjustment of Status Application
- $85 biometrics fee
- $230 for filing Form DS-260 (only applicable if you are using consular processing)
- $88 fee for Affidavit of Support required with Form DS-260 (also only applicable if you are using consular processing).
If you want to use the Premium Processing service, you will have to pay an additional fee of $2,500.
What Happens if My EB1 Visa Application is Rejected? Alternatives to Consider
Unfortunately, the EB1 Visa is not an easy one to get. The standard is high and only individuals with exceptional expertise and significant achievements in their field can receive it. One of the most common reasons for the EB1 Visa applications being rejected is not being able to prove one’s extraordinary abilities.
Luckily, there are other employment-based US visas that you can apply for if your EB1 Visa application is rejected. These are:
- EB2 Visa intended for foreign workers with exceptional ability or advanced university degree
- EB3 Visa intended for international skilled workers
- EB4 Visa intended for special immigrants
- EB5 Visa intended for foreign investors.
All these visas can lead to you receiving the status of a permanent resident in the US. If you want to find out more about them, get in touch with our immigration lawyers.
How Can Total Law Help UK Citizens Apply for the EB1 Visa?
Here at Total Law, our lawyers have expert knowledge of US immigration law. They have helped many clients successfully apply for the EB1 Visa and other employment-based US visas.
Our lawyers will assess your eligibility for the EB1 Visa and if you meet the requirements, they will help you apply for it. If they decide you do not satisfy the criteria, they will explain to you what other US visas you can apply for.
The application process for the EB1 Visa is complex and mistakes in your application might lead to delays or rejection. Our lawyers will make sure that you properly complete all the forms and include all the necessary documentation. Thanks to their help, you can increase the chances of your EB1 Visa application being approved.
To find out more about how Total Law can help, call us today on 0333 305 9375.
Comparison to Other Visa Options
EB-1 vs. EB-2:
EB-1 and EB-2 permissions are similar, but there is one key distinction – extraordinary ability is required for EB-1 candidates and exceptional ability is required for EB-2 applicants. The difference is the level of skill, experience and ability you can demonstrate. For an EB-1 application, you must provide significant evidence of awards and achievements, typically on a wider scale. In contrast, EB-2 applicants must show the contribution they have made to their industry, being recognised for awards and in publications.
Comparing EB-1 with EB-2, EB-3 and O-1 Visas
| Visa Option | Labour Certificate Required | Who’s it for? | Processing time | Benefits | Restrictions & Challenges |
| EB-1 | No labor certification required | Individuals with extraordinary ability. Must demonstrate that you are at the top of your profession. | Normally processed within six months, but can take 4–15 months | Green card residency and clear citizenship path.Faster processing than other work visasDo not require employer to petition for you. Job offer may not be required. Some flexibility in changing jobs.Also allows you to bring family | Must provide extensive documentation of achievements. Must retain extraordinary ability criteria. Cannot vote or access federal funds. Extended absences from US could affect status |
| EB-2 | Labor certificate is normally required (unless under National Interest Waiver) | Individuals with exceptional ability, typically with advanced degrees who have impacted their field or won awards | Your application can be processed in 6 months, but it can take up to 10 months or more in some cases. If you need a Labor Certificate, it will take an additional 15 days or more to process. | Green card residency. You may also be able to get expedited processing if you qualify for the National Interest Waiver.Also allows you to bring family, and offers 5 year route to citizenship. | Cannot vote or access federal funds. Extended absences from US could affect statusChanging jobs requires new petition |
| EB-3 | Labor certification required | Individuals with specialised skills and/or professional qualifications but do not meet the requirements of EB-1 and EB-2. | Typically 1-3 years to process. A premium processing fee of $4500 is chargeable for a decision within 12 months | Green card status. Can bring family members, and can provides route to citizenship. | Cannot vote or access federal funds. Extended absences from US could affect status. Changes to job require new petition and labor certification |
| O-1 | No labor certificate required | Individuals with ‘extraordinary ability’ to stay temporarily in the US as a non-immigrant. | Typically 2–5 months, but can be longer. Priority processing is available for $2500 for a decision in 15 days | Faster processing. It is also possible to switch from the O-1 Visa to the E-B1 Visa, which is an immigrant visa and offers green card residence. | Must retain extraordinary ability criteria. You may need to prove ties to home, or prove your will return home after your time in the US.Your application is tied to your job, and changing jobs will require a new petition.Cannot vote or access federal funds. |
Path to Citizenship: EB-1 Visa to Green Card
The EB-1 Visa is a desirable pathway to permanent residency for individuals with extraordinary abilities. You are eligible for a Green Card when you obtain an EB1 Visa. Unlike other employment-based visas, you will not need to progress through the PERM labor certification process.
EB-1 to Green Card Process:
- Filing the I-140 Petition: The employer or the individual (for EB-1A applicants) submits Form I-140, Immigrant Petition for Alien Workers, to the USCIS.
- Concurrent Filing: In many cases, you can file Form I-485 (Adjustment of Status) concurrently with the I-140 if a visa number is immediately available, speeding up the process.
- Receiving the Green Card: Once the I-140 is approved and a visa number is available, you can complete the adjustment of status process (if you are in the U.S.) or go through consular processing (if you are outside the U.S.). After approval, you will receive your green card, putting you on the path to citizenship.
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Frequently Asked Questions
If you are applying for the EB1 Visa as an individual with extraordinary abilities in the fields of sciences, arts, education, business, or athletics, you can file Form I-140, Petition for Alien Worker yourself. That means you do not have to have a job offer from a US company when applying. Nevertheless, if you are applying for the EB1 Visa as any other occupation category, your US employer has to petition for you.
In most cases, the processing time of the EB1 Visa is much faster than the processing of the EB2 Visa. If you are applying for the EB1 Visa, you do not have to obtain PERM Certification, which significantly reduces the waiting time.
EB1 Visa applicants can opt for premium processing that reduces the waiting time for USCIS’ decision to just 15 working days. If you want to use the service, you have to submit Form I-907, Request for Premium Processing Service, and pay the $2,500 fee.
Normally, the processing of the EB1 Visa takes between 6 to 8 months.
If your application for the EB1 Visa is approved, your dependents will be able to apply for admission to the US. Your spouse and unmarried children under the age of 21 might qualify for E14 or E5 status respectively. If they meet the eligibility criteria, they can come to the US with you and remain there permanently.
