Employment-Based Immigration (EB-1)
The EB-1 visa is a coveted employment-based immigration option that offers a path to lawful permanent residence in the United States for individuals of extraordinary ability, outstanding professors or researchers, and certain multinational executives or managers.
Eligibility Categories & Evidence
Extraordinary Ability: This category requires a demonstration of exceptional skill in fields like science, arts, education, business, or athletics. This can be supported by substantial national or international recognition. Meeting at least three out of ten specific criteria, or showcasing a significant accomplishment like a Pulitzer, Oscar, or Olympic Medal, suffices. Furthermore, a commitment to continued expertise in your field is necessary. Notably, no job offer or labor certification is necessary in this category.
Outstanding Professors /Researchers: Reserved for those internationally acclaimed in academia, this category mandates a minimum of three years’ teaching or research experience. Aimed at individuals seeking academic positions, such as tenure or research roles in universities or private entities, you should fulfill two of the six specified criteria. A job offer from a U.S. employer is required, along with the employer’s track record in research and employment of at least three full-time researchers. Similar to the extraordinary ability category, labor certification is not required.
Multinational Executives/Managers: For executives or managers with a year’s work experience outside the U.S. in the last three years, this category necessitates the U.S. petitioner’s one-year business history and connection to your previous overseas employer. The role should be managerial or executive, and the U.S. employer must show intent for the same. Both U.S. petitioner and previous overseas employer need to meet specific criteria. Notably, no labor certification is needed in this category.
Extraordinary Ability: If you are an individual with an extraordinary ability, you may apply for yourself by filing Form I-140, Petition for Alien Worker.
Outstanding Professors/Researchers: For this category, your U.S. employer must file Form I-140, Petition for Alien Worker, on your behalf. During the application process, your employer needs to demonstrate the continuing ability to pay the offered wage as of the priority date. Evidence of financial stability may include an annual report, federal income tax return, or audited financial statement.
Multinational Executives/Managers: If you fall under this category, your U.S. employer must file Form I-140, Petition for Alien Worker, to begin the process. Just like the previous category, your employer must demonstrate a continuing ability to pay the offered wage as of the priority date, which can be supported by an annual report, federal income tax return, or audited financial statement.
Application Process
Family Eligibility
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.