EB1 VISA

What is an EB1 Visa?

The EB1 is an employment-based visa.  The EB1 visa is available for three categories of workers.  The EB1 criteria include people with extraordinary abilities (EB1-A), outstanding professors and researchers (EB1-B), and multinational executives or managers (EB1-C).  These are known as the occupational categories of the EB1 visa.  Each occupational category has distinct legal requirements that must be met.

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EB1-A Extraordinary Ability Requirements

The EB1 green card for extraordinary ability is available for you if you have achieved international acclaim in your profession.  In order words, you are at the very top of your field in the sciences, arts, education, business, and athletics.  Your international acclaim can be shown by an award you have received that is recognized internationally.

Alternatively, you can still qualify for an EB1 green card for extraordinary ability by meeting 3 out of the 10 criteria below:
  • You have received lesser nationally or internationally recognized prizes or awards for excellence
  • You are a member of associations in the field which demand outstanding achievement of their members
  • You have published material about you in professional or major trade publications or other major media
  • You have been asked to judge the work of others, either individually or on a panel
  • You created original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • You have authored scholarly articles in professional or major trade publications or other major media
  • Your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Proof of your commercial successes in the performing arts

EB1-A Self-Petition

You can self-petition for an EB1-A visa for extraordinary ability.  This means that you do not need a U.S. employer or a job offer.  Therefore, you do not need a Labor Certification and job offer.  You must be coming to the United States to continue working in your professional field.

EB1-B Outstanding Professors and Researchers

The EB1-B visa is also available for outstanding professors and researchers.  To qualify, for this EB1 criteria, you must show that you have received international recognition for your outstanding abilities in academia.  In addition, you must have at least three years of experience as a professor in your academic area.

EB1-B Outstanding Professors and Researchers Requirements

To qualify as an EB1-B Outstanding Professor and Researcher, you must satisfy all the following requirements:

  1. International recognition as outstanding in your academic area,
  2. At least three years of teaching or research in your field,
  3. You must have an offer of employment for tenure or tenure track teaching or a research position OR a research job offer where the employer typically expects permanent employment OR job offer in a comparable research position for a private employer with at least three full-time researchers and documented accomplishments.

How to Prove “Outstanding” Criteria?

To prove that you are an outstanding professor or researcher, you must meet two out of the six requirements below:

  1. Show that you received major prizes or awards for your outstanding achievement
  2. Be a member of associations that require you to show your outstanding achievement
  3. Have professional publications written by you or your work
  4. Evidence that you judged the work of others in your field or similar field
  5. Original scientific or scholarly research contributions

EB1-B Does not Allow Self-Petition

The EB1-B visa requires a permanent employment offer.  Although you do not need a Labor Certification (PERM), your U.S. employer must submit the petition with USCIS on your behalf.

EB1-C Multinational Executives or Managers

The EB1-C visa category is for workers who are multinational executives or managers.  To qualify for this EB1 criteria, you must have been employed outside the United States for at least 1 of the 3 years preceding the petition for the same multinational company that employs you in the United States.   You must also seek to continue to be employed by the same employer in a managerial or executive capacity.  This category is commonly used by L1 visa holders to apply for the green card. Read more about L1 visas here.

EB1-C Does not Allow Self-Petition

You cannot self-petition for an EB1-C visa.  Your employer must submit the petition to USCIS on your behalf.

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What is the EB1 Green Card Application Process?

For the EB1-A Extraordinary Ability employment-based visa, you may petition on your own behalf by filing Form I-140, Petition for Alien Worker.

For the EB1-B Outstanding Professors and Researchers employment-based visa, an employer must file Form I-140, Petition for Alien Worker.

For the EB1-C Multinational Manager or Executive employment-based visa, an employer must file Form I-140, Petition for Alien Worker.

The EB1 green card application process will depend on where you reside at the time of your petition.  If you are abroad at the time of your petition, you will go through consular process.  This means that you will get your immigrant visa at the U.S. Embassy or Consulate of your home country.  You and your eligible family members will enter the United States as green card holders.  The physical green card and social security card arrive when you get to the United States.

If you are in the United States, you can apply for Adjustment of Status.  Depending on whether the visa is available “current” you may apply for Adjustment of Status concurrent to your EB1 petition.  Otherwise, you can apply for Adjustment of Status after the EB1 visa requirements are met, your case is approved, and your visa is available.

Can My Family Get an EB1 Green Card?

Yes.  For each of the categories above, your spouse and unmarried children under 21 years of age can get a green card.  They are considered your beneficiaries.  A green card allows them to live and work in the United States.

Is Premium Processing Available?

Premium processing is available for EB1-A and EB1-B petitions.  Premium processing assures that USCIS will process your petition within 15 calendar days of submission.

How Terra Immigration Can Help

Our EB1 attorneys have experience in employment-based visas.  We provide our clients with the best EB1 guidance and consideration throughout the entire process.  Our EB1 lawyers are well versed in the law and changes in policy that often occur.

If you have questions about employment-based visas and the green card process, contact our office today. You will speak with an experienced immigration lawyer that can help you. We speak English, Spanish and Portuguese.

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