EB-1 Visa

Employment Based Immigrant Visa
Visa Categories, Benefits, Limitations, Requirements and Forms

The EB-1 visa is an employment-based immigration visa which gives first-preference to aliens with an extraordinary ability, professors, researchers or multinational executives and managers.

EB-1 Visa Categories

• EB-1(A): To qualify for this category, you must prove extraordinary ability in the sciences, arts, education, business or athletics. Extensive documentation must show your accomplishments and recognition in your field. The applicant does not need a U.S. job offer.

• EB-1(B): This category is for outstanding professor or researcher. Applicants must have at least 3 years experience in teaching or research within their field. The purpose for entry into the U.S. must be to pursue tenure or to work in a research position at a college or university.

• EB-1(C): This visa is for outstanding multinational executives or managers. To qualify, applicants need to have worked outside the U.S. in the last 3 years with 1 of those years working for a firm or corporation in a managerial or executive capacity. The applicant must be seeking entry into the U.S. in order to continue employment with the same company, affiliate or subsidiary.

Benefits of the EB-1 Visa

• Residency in the U.S.
• Ability to leave and re-enter the U.S. unrestricted
• Ability to work in the U.S.
• EB-1 visa holders are allowed to bring dependents to the U.S., such as a spouse or unmarried children under the age of 21, on a dependent visa.
• An offer of employment is not necessary for the EB-1(A) category.

Limitations

• The EB-1 applicant must be able to show proof that they meet the criteria for one of the three EB-1 categories.
• The applicant must be coming to the U.S. to continue their work in which they qualify for their ‘outstanding or extraordinary’ status.

EB-1(A) Requirements

Applicants must qualify for 3 of the 10 criteria listed below:

• Proof of lesser national or international awards for excellence
• Proof of any memberships or associations in the qualified field that require outstanding achievement for members to join
• Published materials about the applicant in professional or trade publications or other major media outlet
• Proof that the applicant has been asked to participate in judging the work of others in their field
• Proof of the applicant’s significant contribution to their field or profession
• Proof of articles written in professional or trade publications or other major media outlets
• Proof that the applicant’s work has been displayed exhibitions
• Proof that the applicant has performed in a leading or crucial role in distinguished organizations
• Proof that the applicant earns a high salary compared to others in the same field
• Proof of the applicant’s commercial success in the field of the performing arts

EB-1(B) Requirements

Applicants are required to have at least 2 of the 6 criteria listed below and an offer of employment from a U.S. employer in their field:

• Proof of a major prize or award for outstanding achievement
• Proof of memberships or associations that require outstanding achievement for members within their field to join
• Proof of articles written by others about the applicant’s achievements within their field
• Proof that the applicant has been asked to participate in judging the work of others in their field
• Proof of the applicant’s outstanding contribution or research in their field
• Proof of published books or journals written by the applicant within their field

EB-1(C) Requirements

• Applicant must have a U.S. job offer petitioning U.S. employer related to their field
• For at least 1 year prior to the application, the U.S. petitioning company must be a subsidiary, affiliate or the same company as the business the applicant works for abroad.

Documentation

• Form I-140, Petition for Alien Worker, filed by the applicant with USCIS
• Once the applicant is issued a visa number by the State Department, they are then able to apply for an adjustment of status to that of permanent resident.

Given the high stakes of the outcome of your EB-1 visa application and the complicated requirements involved, it is important to understand your rights and your obligations under the law. If you are ready to begin the application process or have questions, then contact us today to schedule a call or a meeting. We are more than happy to call you wherever you are in the world at no cost to you.