EB-1 Visa

Overview/Description

The EB-1 category is a category for those individuals that have risen to the top of their profession.  There are three EB-1 categories as described below.

Description

EB-1 (a) Extraordinary Ability You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.
EB-1(b) Outstanding professors and researchers You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
EB-1(c) Multinational manager or executive You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

Requirements/Eligibility

These visas are carefully crafted and require the expertise of an experienced immigration professional.  Step one is to assess whether you meet the specified number of criteria outlined below.  If the answer to that question is yes, USCIS will perform a subjective qualitative assessment of whether you are exceptional.

EB-1(a) – Extraordinary Ability


In oder to apply for this category, you must meet 3 out of the 10 listed criteria below;

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

EB-1(b) – Outstanding Professor Or Researcher

In oder to apply for this category you must have an offer of employment from a qualified institution and you must meet 2 out of the 6 listed criteria below;

  • Evidence of receipt of major prizes or awards for outstanding achievement
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement
  • Evidence of published material in professional publications written by others about the alien’s work in the academic field
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Evidence of original scientific or scholarly research contributions in the field
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

EB-1(c) – Multinational Manager or Executive

Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

Application Process

For all of these visas you must file form I-140, Petition for Alien Worker.  For EB-1(a) you may petition for yourself and for EB-1(b) and EB-1(c) your employer must file the form.

How long does the Visa last for?

These are a green cards so once you get it you can keep it forever as long as you adhere to certain residency requirements.

How are Family Members Treated?

The beneficiary and his or her family (husband, wife and any unmarried children under the age of 21) may all get a green card.

Other Considerations or Related Articles

Find more information on various immigration topics discussed in our blog.

Common Questions & Answers

Find more information on various immigration topics discussed in our blog.

Fees

Fee schedule

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