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EB-1 Category

Category:  EB-1  |  EB-2  |  EB-3  |  EB-4  |  EB-5


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. Your 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, you may:

  • Reside permanently in the U.S.
  • Work in the U.S.
  • Not be required to be labor certified
  • Travel freely in and out of the U.S.
  • Apply for dependent visas for your spouse and children below 21 years

Eligibility:

EB-1(A): This category is for foreign nationals possessing 'extraordinary ability' in the sciences, arts, education, business or athletics:

  • No offer of employment is required;
  • You must meet 3 of 10 criteria listed below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal).

EB-1(B): This category is for an 'outstanding professor or researcher':

  • 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;
  • You 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.

  • 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;
  • 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.

Evidence of Eligibility:

  • 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.

Application Process

  • Extraordinary Ability: You may petition for yourself by filing a Form I-140, Petition for Alien Worker.
  • Outstanding Professors and Researchers: Your employer must file a Form I-140, Petition for Alien Worker.
  • Multinational Manager or Executive: Your employer must file USCIS Form I-140, Petition for Alien Worker.