The Basic Features: The EB-1 visa is the highest preference employment-based petition for permanent residency in the United States and is targeted towards individuals who are amongst the most successful in their fields within the fields of education, sciences, arts, business, or sports.
Unlike all the other employment-based applicants for permanent residency, the EB-1a visa does not require an offer of employment; instead, the applicant is granted permanent residency solely based on his professional ability.
The EB1-a category is targeted towards individuals of extraordinary ability in their field of work.
There are 2 ways to meet the requirements for the EB1 Visa: 1) receipt of a significant, internationally recognized award (such as a Pulitzer or Nobel Prize); or 2) fulfillment of 3 of the 10 criteria designated by USCIS.
The following are the three EB-1 sub categories:
(1) Workers of Extraordinary Ability (EB-1A)
(2) Outstanding Professors and Researchers (EB-1B)
(3) Multinational Executives and Managers (EB-1C)
No labor certification or job offer is required for an Extraordinary Ability Green Card. Applicants must qualify on the basis of their abilities in the sciences, arts, education, business or athletics, and must intend to continue working in their field. “Extraordinary Ability” is defined as having reached the top of one’s field of endeavor.
Evidence must be presented of either:
(a) “sustained or international acclaim,” and that the applicant’s achievements have been recognized in his or her field of expertise (e.g. major international award); or
(b) that three of the following apply in the applicant’s case:
- Receipt of lesser nationally or internationally recognized awards.
- Membership in association in the field for which classification is sought, which requires outstanding achievement of their members, as judged by recognized national or international experts.
- Published material about applicant in professional or major trade publications or other major media.
- Participation as a judge of the work of others.
- Evidence of original scientific, scholastic, artistic, athletic or business-related contributions of major significance.
- Authorship of scholarly articles in the field.
- Artistic exhibitions.
- Performance in a leading or cultural role for organizations or establishments that have a distinguished reputation.
- High salary or remuneration in relation to others in the field.
- Commercial success in the performing arts.
(c) comparable evidence.
The EB-1 is targeted towards individuals who are amongst the most successful in their fields within the education, sciences, arts, business, or sports. The following are the three EB-1 sub categories:
(1) Workers of Extraordinary Ability-
For those who can show an extraordinary ability in their profession through extensive evidence, including documentation of sustained national or international acclaim and recognition. No offer of employment is required.
(2) Outstanding Professors and Researchers- For professors and researchers with a minimum of three years experience in research or teaching who have an international reputation for being particularly outstanding in a specific academic field. For this visa, the applicant must accept a teaching or tenured position at a research university or accept a job conducting research with a research organization or industry. The potential employer must offer employment and file the I-140 Immigrant Petition for Alien Worker with the USCIS.
(3) Multinational Executives and Managers- For managers and executives who have been employed for at least one of the last three years by a parent, subsidiary, branch or affiliate of a U.S. employer. The position itself must be comparable and with a US affiliate or branch of the same company. The potential employer must make a offer of employment and file the I-140 Immigrant Petition for Alien Worker with the USCIS.
The application procedure for the EB-1 visa is complex and requires a considerable amount of documentation. It is critical to have an attorney who is experienced and thorough in complying with the complicated requirements of the petition process.
At Sethi & Mazaheri, our firm will advise you of the different documentation needed for the EB-1 visa and anticipate potential barriers to entry in order to make sure that your initial application has the maximum chance for favorable action. To find out if you qualify for the EB-1, contact us now.