EB-1 Visa

Employment Based Immigration

First Preference EB-1

Extraordinary Ability/ Outstanding Professors and Researchers/ Multinational Manager or Executive

What is an EB-1?

“EB-1” is short for “Employment Based, Preference One” under the current Permanent Worker Visa Preference Categories. It is an immigrant visa which allows the applicant to permanently immigrate to U.S. and obtain his or her permanent residency (commonly known as “Green card”). Generally speaking, EB-1 is reserved for persons of “extraordinary ability” in the “sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.” There are three types of EB-1 immigrant visa classifications for permanent workers.

EB-1A

EB-1A is reserved for individuals with “Extraordinary Ability.” The applicant of this first preference category must demonstrate his or her extraordinary ability in the “sciences, arts, education, business, or athletics through sustained national or international acclaim.” It is important to note that the applicant’s achievements must be recognized in his or her field through significant amount of documentation. There is no requirement for an offer of employment and Labor Certification is also not required.

The applicant must also be able to provide at least three (2) out of the ten (10) listed criteria below:

1) Evidence of receipt of nationally or internationally recognized awards or prizes in the field.
2) Evidence of any membership in associations in the field which demand outstanding achievement of its members.
3) Evidence of any published materials about the applicant in any professional or major trade publications or other major media.
4) Evidence that the applicant has been asked to judge the work of others.
5) Evidence of the applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
6) Evidence of any applicant’s authorship of scholarly articles in professional or major trade publications or other major media.
7) Evidence that the applicant’s work has been displayed at artistic exhibitions or showcases.
8) Evidence of the applicant’s performance of a leading or critical role in distinguished organizations.
9) Evidence that the applicant’s command a high salary or other significantly high remuneration in relation to others in the field. 10) Evidence of the applicant’s commercial successes in the performing arts

EB-1B

EB-1B is reserved for individuals who are recognized as “Outstanding Professors and Researchers.” The applicant for EB-1B must provide evidence to show “international recognition” for his or her outstanding achievements in a particular academic field. The applicant also must have at minimum three years of work experience in teaching or research in that particular academic field or subject. The applicant must also demonstrate that he or she is seeking to enter the U.S. in order to pursue tenure or tenure track teaching or certain comparable research position at a qualifying university or other institutions of higher education located in the United States.

Here is a sample list of evidence that the professor or researcher may provide to show his or her qualifications:

1) Evidence of receipt of major prizes or awards for outstanding achievement in his or her field.
2) Evidence of membership in associations that require their members to demonstrate outstanding achievement in the field.
3) Evidence of any published material in professional publications written by others about the applicant's work in the academic field or subject area.
4) Evidence of participation as a judge of the work of others in the same or related academic field or area.
5) Evidence of any original scientific or scholarly research contributions in the field or area.
6) Evidence of any authorship of scholarly books or articles in certain scholarly journals with international circulation in the field of study or expertise.

EB-1C

EB-1C is reserved for “Multinational Manager or Executive.” Like an L-1A visa holder, the applicant must have been employed outside the U.S. in the three years before the immigration petition for a minimum of one year time by a foreign (multinational) company. The applicant must also demonstrate he or she is entering the U.S. to continue service to that foreign multinational company by working for an affiliate or subsidiary of that company. The applicant must also show that his or her employment abroad was also in a managerial or executive capacity. An U.S. employer is required to petition for the multinational manager or executive. The petitioning U.S. company must have been doing business for at least one year, as a qualifying affiliate or a subsidiary, of the same company that employed the applicant overseas. It is important to note that unlike L-1A visa, which is a temporary (non-immigrant) visa, EB-1 is an immigrant visa and when approved, the applicant will receive his or permanent residence status in U.S. (“Greencard”).

Dependents of EB-1 Permanent Worker

Qualifying family members (spouse and unmarried children who are under 21 years of age) of the EB-1 permanent worker may also apply and obtain permanent residency with the principal applicant to immigrant to U.S.

Our Services for EB-1 Clients

Our law firm and team of professionals are ready to help employers and foreign employees with the EB-1 immigrant visa petitions. Here is a general description of what our services may include.

  • Provide a full review of the prospective EB-1 employer’s corporate circumstances to see if the business or organization qualifies for an EB-1 petitioner.
  • Provide a full review of the EB-1 candidate’s personal circumstances to see if he or she qualifies for the permanent position offered.
  • Confirmation that the EB-1 is appropriate for the applicant.
  • Provide a comprehensive checklist of documents and evidence that you need to petition for the EB-1 visa.
  • Prepare of the EB-1 visa petition and Adjustment of Status Application (if applicable).
  • File EB-1 visa petition/adjustment of status application to the proper government agencies.
  • Respond to all correspondence with USCIS and any additional “Request for Evidence”
  • Advise the applicant on how to prepare for Consular interview (if applicable).
  • Unlimited personal communication with our attorney relating to the case.