EB-1 Visa
Green Card for workers of Extraordinary Ability
The EB-1 is the best and most desirable among all the other Employment-based Visas. It offers the quickest path to U.S. permanent residency, as it does not require the filing of a Permanent Labor Certification, usually a time-consuming and expensive process.
In addition, visa numbers are always current for the EB-1 application category, so you will not have to wait before applying for Adjustment of Status and receiving a Green Card.
Furthermore, the applicant can file other immigration petitions under other appropriate categories (such as a National Interest Waiver) while an EB-1 petition is pending.
Only three categories of people qualify for the EB-1 visa:
- Workers of Extraordinary Ability (EB-1A)
- Outstanding Researchers or Professors (EB-1B)
- Multinational Managers or Executives (EB-1C)
For an EB-1A petition, a permanent job offer is not required; you only have to demonstrate that you will keep working in your field. However, EB-1B and EB-1C petitions require permanent job offers and a U.S. employer must be the petitioner for EB-1B or EB-1C petitions.
Workers of Extraordinary Ability (EB-1A)
The EB-1 for Extraordinary Ability is for individuals that have sustained national or international achievements in the fields of sciences, arts, education, business, or athletics. You must demonstrate receipt of an internationally-recognized award, such as the Nobel Prize or an Academy Award.
Otherwise, the U.S. Citizenship and Immigration Service (USCIS) states that you may be eligible for an employment-based first-preference visa, if you meet 3 of more of these criteria:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
- Membership in associations in the field which demand outstanding achievements of their members;
- Authorship of published material about you in professional or major trade publications, or other major media;
- Authorship of scholarly articles in professional or major trade publications, or other major media;
- To have served as a judge of the work of others, either individually or on a panel;
- To have made an original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
- Have displayed your work at artistic exhibitions or showcases;
- Performance in a leading or critical role in distinguished organizations;
- Receiving a high salary or other significantly high remuneration in relation to others in the field;
- Achieved commercial success in the performing arts.
Additionally, you have to prove that you will continue to pursue work in the area of extraordinary ability and that your work is of substantial benefit to the United States.
You self-petition by filing Form I-140 (Petition for Alien Worker application) with supporting documentation showing that you meet the EB-1A criteria.
The threshold of “Extraordinary Ability” in the EB-1 contest is very high, and substantially higher than in the O-1 Visa petitions. Therefore, holders of the O-1 Visa do not automatically qualify for the EB-1 Green Card. This particular classification is the only one, besides the EB-2 National Interest Waiver, that does not require a formal job offer, and therefore self-petitioning is allowed.
Outstanding Researchers or Professors (EB-1B)
The EB-1 for Outstanding Professors requires proof of international recognition for outstanding achievements in a particular field, and at least 3 years of experience in teaching or academic research in that academic area. This classification requires a formal job sponsorship from a university or other institution of higher education in the United States.
Research or teaching experience obtained while in pursuit of an advanced degree, such as a Ph.D., can be counted toward the 3 years requirement. Even if no Labor Certification is required to obtain an EB-1B immigrant visa, you need a job offer from a University or other similar academic or scientific institution, or even by a private employer.
If the offer is from a private employer, he or she must have at least 3 full-time researchers, and must produce documentation in support of their achievements in that field.
Outstanding Multinational Managers and Executives (EB-1C)
This classification allows managers or executives employed by a foreign company to be transferred permanently (as opposed to temporary transfers with the L-1 Visa) to the United States to work in a managerial or executive capacity for the U.S.-based company that is part of the same international firm or organization.
The 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. You must have been employed in the 3 years preceding the petition for at least one year by a firm or corporation. Moreover, you must enter the U.S. to continue service to that firm or organization.
No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS.
All EB-1 petitions must be filed with extensive documentation. Besides being the best possible Visa, the EB-1 has also one of the highest denial rates. The USCIS rejects approximately 50% of all EB-1 petitions received.
As a New York Immigration Attorney, I have experience handling both the O-1 Visa and the EB-1 Visa for Extraordinary Ability. I am also one of the very few Immigration Lawyers in New York with direct experience with the immigration process, having been a Business investor in E-2 Treaty Visa status. Please read the testimonials of my firm’s clients.
An experienced Attorney can help you present your EB-1 Green Card petition in the best way possible, and maximize your chances of success. If you would like for me to review your case free of charges, please fill out an evaluation form. I am also available for in-person consultations in my New York City office.