Employment-Based Immigration: First Preference EB-1
For noncitizens of Extraordinary Ability, Outstanding Professors or Researchers, or certain Multinational Executives or Managers.
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How is Eligibility for Extraordinary Ability Determined?
Demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim, with recognized achievements in your field of expertise.
Entering the United States requires the intention to continue working in the field of extraordinary ability.
You must be able to demonstrate that your entry into the United States will substantially benefit the United States in the future.
What qualifies as outstanding professors and researchers?
Demonstrating international recognition for outstanding achievements in a specific academic field is required.
You must have at least 3 years experience in teaching or research in that academic area.
You must be entering the U.S. to pursue tenure or tenure track teaching or a comparable research position.
No labor certification is required
What are the requirements for Multinational or Executives?
Employed outside the United States for at least 1 year within the 3 years before you petition
You must have been employed outside the United States for at least 1 year within the 3 years preceding the petition
Petitioner must have been in business for at least 1 year
The U.S. petitioner must have been in business for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capacity.
You must have a qualifying relationship to the entity you worked for outside the U.S.
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The U.S company must intend to employ you in a managerial or executive capacity
Frequently Asked Questions
Yes, if you can demonstrate that you intend to continue work in the area of your extraordinary ability and that your entry into the United States will substantially benefit the United States in the future.
Yes, it is possible to apply in two categories at one time.
-self-petition is allowed
-no labor certification is required
-no job offer or permanent job position is required
-all visas are current
There are three categories under the EB-1 visa:
EB-1A (Extraordinary Ability): Individuals with extraordinary abilities in fields like arts, sciences, education, business, or athletics. Applicants must demonstrate sustained national or international acclaim and do not require a job offer.
EB-1B (Outstanding Professors and Researchers): Professors or researchers recognized internationally for their achievements, with at least three years of experience and a job offer from a U.S. employer.
EB-1C (Multinational Executives or Managers): Executives or managers who have worked for at least one year for a multinational company outside the U.S. and are being transferred to the U.S. by the same company.
The EB-1 visa offers several advantages:
– No labor certification (PERM) is required.
– Faster processing times compared to other employment-based visas.
– Pathway to U.S. permanent residency (green card) for the applicant and their immediate family members (spouse and children under 21).
The application process for the EB-1 visa involves two main steps:
Filing Form I-140: Your U.S. employer or you (if applying under EB-1A) must file Form I-140, Immigrant Petition for Alien Worker, along with supporting evidence to prove eligibility.
Adjustment of Status or Consular Processing: Once the I-140 is approved, you can either apply for Adjustment of Status (if you’re already in the U.S.) or go through Consular Processing at a U.S. embassy or consulate in your home country.
For EB-1A (Extraordinary Ability), no job offer is required, and you can self-petition.
For EB-1B (Outstanding Professors and Researchers) and EB-1C (Multinational Executives or Managers), a job offer from a U.S. employer is necessary.
Yes, your spouse and unmarried children under 21 years of age can apply for green cards along with you through the EB-1 visa process. They may apply for an Employment Authorization Document (EAD) and Advanced Parole while their green card application is pending.
If your EB-1 petition is denied, you can appeal the decision or file a motion to reopen or reconsider. An immigration attorney can help you assess the reasons for denial and guide you through the appeals process if applicable.
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