The EB-1 visa is an immigrant visa, which allows foreign nationals with “extraordinary ability” in the sciences, arts, education, business, or athletics to obtain permanent residency in the U.S. Applicant’s achievements must have been demonstrated by sustained national or international acclaim or must be recognized in the field through extensive documentation.
On EB-1 immigrant visa, a foreign national may reside permanently and work in the U.S., without having to go through the process of labor certification. He or she can also travel freely in and out of the U.S. and apply for dependent status for spouse and children below 21 years.
Types of EB-1:
EB-1(A): This category is for foreign nationals possessing “extraordinary ability” in the sciences, arts, education, business or athletics:
- Employment offer is not required for this type of a petition;
- Applicant must meet 3 of 10 criteria listed below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, and Olympic Medal).
EB-1(B): This category is for an “outstanding professor or researcher”:
- Applicant must demonstrate international recognition for outstanding achievements in a particular academic field;
- Applicant must have at least 3 years experience in teaching or research in that academic area;
- Applicant 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;
- Applicant must include documentation of at least two from the list below and an offer of employment from the prospective U.S. employer.
EB-1(C): This category is for a “manager or executive” subject to international transfer to the U.S.
- Applicant 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 must be seeking to enter the United States to continue service to that firm or organization;
- Applicant’s 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;
- Applicant’s petitioning employer must be a U.S. employer;
- Applicant’s 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.
In order to prove extraordinary ability in your field,you must meet 3 out of the 10 criteria listed below:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
- Membership in associations in the field which demand outstanding achievement of their members;
- 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;
- Performance of a leading or critical role in distinguished organizations;
- High salary or other significantly high remuneration in relation to others in the field;
- Commercial successes in the performing arts.
A foreign national qualifying for Extraordinary Ability may petition for him/herself by filing the Petition for Alien Worker; for those who qualify as Outstanding Professors and Researchers and Multinational Managers or Executives: and applicant’s employer must file the Petition for Alien Worker.