Everything You Need to Know About The "Einstein Visa" (2024)

Famous scientist Albert Einstein was visiting the United States in 1933 when the Nazis came to power in Germany. Unwilling to return due to fear of an unknown future, he decided to stay in the U.S.

Given his extraordinary talents and obvious benefit to the American scientific community, the U.S. government issued an EB-1 visa to Einstein to legalize his stay and extend the protections of official residence. Einstein would become an American citizen in 1940 on the basis of his previous status as an EB-1 visa holder.

Even today, more than ninety years after getting his visa, the EB-1 is still informally known as the “Einstein visa” and it still serves the same purpose — allowing entry into the United States for individuals with world-class talent or qualifications in various fields.

Broadly speaking, today the EB-1 is intended for individuals from three general backgrounds — those with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.

Let’s look at the benefits the EB-1 offers along with the eligibility criteria for the three main background types.

Advantages & Benefits of the EB-1 Visa

There are three primary advantages of the EB-1 Visa that make it an attractive option for qualified candidates:

• No Labor Certification. Unlike other employment-based visas, the EB-1 visa does not require a labor certification, making the process faster.
• Priority Scheduling. EB-1 visas are given a higher priority date compared to other employment-based categories, often leading to shorter waiting times for obtaining a green card.
• Self-Petition. For EB-1A applicants, self-petitioning is allowed, meaning they do not need a job offer from a U.S. employer.

Successful applicants enjoy these benefits:

• Permanent Residency. EB-1 visa holders are granted U.S. permanent residency (green card), allowing them to live and work permanently in the United States.
• Work Authorization. The right to work in the U.S. without the need for a separate employment authorization document (EAD).
• Pathway to Citizenship. After holding a green card for a certain period (typically five years), EB-1 visa holders can apply for U.S. citizenship.
• Family Benefits. Spouses and unmarried children under the age of 21 of EB-1 visa holders are also eligible for green cards, so they can live, work, and study in the U.S.
• Freedom of Employment. EB-1 visa holders have the flexibility to change employers or even start their own business without jeopardizing their immigration status.
• Travel Flexibility. They can travel in and out of the U.S. with fewer restrictions compared to non-immigrant visa holders.
• Access to Benefits. EB-1 visa holders have access to a wide range of benefits available to U.S. permanent residents, including social security, education, and health benefits.

These advantages make the EB-1 visa highly desirable for qualified individuals seeking permanent residency in the United States.

Before turning to the application process, let’s look at the groups individually and cover the eligibility criteria for each. As you can see from the formal visa titles, each group is given a letter to distinguish the visa type from others.

EB-1A: Individuals with Extraordinary Ability

Eligibility Criteria

Applicants must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Evidence of this ability can include:

– Receipt of major internationally recognized awards (e.g., Nobel Prize)

– Membership in associations that require outstanding achievement

– Published material about the applicant’s work

– Participation as a judge of the work of others

– Original contributions of major significance in their field

– Authorship of scholarly articles

– Display of work at artistic exhibitions

– Leading role in distinguished organizations

– High salary or remuneration

– Commercial success in the performing arts

EB-1B: Outstanding Professors and Researchers

Eligibility Criteria

Applicants must demonstrate international recognition for their outstanding achievements in a particular academic field. They must have at least three years of experience in teaching or research in that field and enter the U.S. in a tenure or tenure-track teaching or comparable research position at a university or other institution of higher education. Evidence can include:

– Major prizes or awards for outstanding achievement

– Membership in associations that require outstanding achievements

– Published material in professional publications about the applicant’s work

– Participation as a judge of the work of others

– Original scientific or scholarly research contributions

– Authorship of scholarly books or articles

EB-1C: Multinational Managers or Executives

Eligibility Criteria

Applicants must have been employed for at least one of the three preceding years by a firm or corporation and must be seeking to enter the U.S. to continue service to that firm or organization. The employment must have been outside the U.S. in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary. The applicant must be entering the U.S. to work in a managerial or executive capacity.

The Importance of a Business Plan in EB-1 Visa Applications

A comprehensive business plan for an EB-1 visa application is recommended by immigration professionals because it helps to demonstrate why approving the applicant is justified and in alignment with the goals of the visa program, a key eligibility requirement.

The business plan should include relevant industry and market analyses that highlight the unique value and potential of the proposed endeavor. This is an essential component of any business plan but is especially important for applicants in the EB-1 visa program.

Business plans demonstrate that the applicant not only has the necessary skills and qualifications but also has a solid plan for applying them and contributing to the US economy or other aspects of national interest.

You may be wondering why someone who is seeking admission to the United States based on his or her exceptional talents needs a business plan. Isn’t it obvious that those talents will create professional opportunities?

On one hand, yes, it is. Anyone with talents that meet EB-1 visa standards is surely qualified for any number of high-level professional positions.

However, it’s important to remember that, for the purposes of an immigration visa, the kind of business plan we’re talking about here is not really the kind you may be familiar with. When applying for the EB-1 visa, the applicant is using his or her talents and skills as the “business” to be developed. In this case, the business plan explains how the applicant plans to leverage those skills into larger economic activity.

Among other things, business plans detailing future activities in the US show:

• The impact of the addition of the applicant’s skills on the US economy
• The potential for the creation of job opportunities
• Better access to needed services for Americans or a general improvement in the economy

Furthermore, a detailed and thoroughly researched business plan will also discuss how:

• The applicant’s academic qualifications or exceptional abilities are flexible and adaptable to a number of different industries
• The applicant’s entry into the U.S. can support the national interest by addressing any shortage of advanced skills in certain areas

In short, a business plan consolidates the applicant’s qualifications and potential for contributing to the U.S. economy in a format and to a standard that immigration officers expect and can easily navigate. A business plan goes beyond the raw data contained on immigration applications and describes what the applicant can do once his or her talents are added to the U.S. market.

Tips for Writing an Effective Business Plan for the EB-1 Application

A well-crafted business plan enhances the appeal and merit of any EB-1 visa application. There’s a lot you can do to make your presentation clearer, more compelling and inclusive of all the elements that immigration officials expect to review in your application.

To make sure you submit the best possible business plan, be sure to use Joorney’s Ultimate Guide to Writing a Business Plan. It will help you avoid common mistakes, make your plan as complete as possible and remind you of the importance of certain components of the plan that you might not be aware of.

Why Joorney is the Right Choice for EB-1 Visa Applicants

At Joorney, we specialize in writing business plans for EB-1A and EB-1C visa applicants. We understand the importance of a convincing business plan that shows how the proposed business aligns with the needs of the U.S. economy.

Here are the top reasons why Joorney Business Plans is the right choice for EB-1 visa applicants:

• Expertise in writing business plans for EB-1 visa applicants: We have written thousands of business plans for this visa type and have worked with over 1,000 lawyers on these projects. This high volume of completed plans has given us vast expertise in the specific requirements of EB-1 visa applications.
• Customized plans tailored to your specific situation and goals: We understand that every applicant’s situation is unique, even if they have the same ultimate goal. Therefore, we work closely with each client to create a customized plan that tells their story and maximizes their chances of success.
• Experience in various industries and fields: Our team of writers has experience in various industries and fields, from IT & Software to the arts and more. This breadth of experience allows us to craft plans specific to each applicant’s industry and field of practice.
• Attention to detail and accuracy: We understand the importance of accuracy and attention to detail in business plans for EB-1 visa applications. Our team of writers and editors thoroughly reviews each plan to ensure that it meets the specific requirements of the application process.

Let Joorney help you pursue your professional goals

A well-written business plan can make all the difference when it comes to an EB-1A or EB1-C visa application. It can showcase the applicant’s talents, demonstrate how those exceptional abilities will be used, and highlight the overall benefit to the US.

Our team of international, multilingual consultants at Joorney understands the importance of crafting a high-quality business plan that meets the specific requirements of the EB-1 visa application process. We want to help you tell your story and showcase your potential so that you can take the next step toward achieving your goals.

If you’re interested in learning more about how we partner with immigration attorneys or want to get started on your EB-1 project, reach out to us today.