EB-1
Visa Green Card
EB-1 Visa Green Card
The EB-1 category is for individuals at the top of their profession, with three subcategories:
EB-1 (a): Extraordinary Ability
Requires demonstrating extraordinary ability in sciences, arts,
education, business, or athletics through sustained national or international acclaim with
extensive documentation. No job offer is needed.
EB-1(b): Outstanding Professors and Researchers
Requires international recognition for
outstanding achievements in an academic field, at least 3 years of teaching or research
experience, and entry to the U.S. for tenure-track or comparable research positions.
EB-1(c): Multinational Manager or Executive
Requires employment outside the U.S. for at
least 1 of the past 3 years in a managerial or executive role with the same employer or its affiliate.
Entry to the U.S. must be to continue service with the same organization.
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What are the specific criteria needed to apply for an EB-1(a) visa?
To qualify for the EB-1(a) visa, applicants must meet at least three of the following ten criteria:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
- Membership in associations that demand outstanding achievement of their members.
- Published material about the applicant in professional or major trade publications or other major media.
- Invitations to judge the work of others, either individually or on a panel.
- Contributions of major significance to their field in science, scholarship, art, athletics, or business.
- Authorship of scholarly articles in professional journals or major media.
- Work displayed at significant artistic exhibitions or showcases.
- Performance in a leading or critical role for organizations that have a distinguished reputation.
- Command of a high salary or other significantly high remuneration compared to others in the field.
- Commercial successes in the performing arts.
How does USCIS assess eligibility for the EB-1(a) visa?
After verifying that an applicant meets the necessary criteria, USCIS performs a subjective, qualitative assessment to determine if the individual qualifies as “exceptional” in their field. This assessment is crucial to the final decision on the visa application.
Is professional assistance recommended when applying for an EB-1(a) visa?
Yes, due to the detailed and specialized nature of the visa requirements, it is highly recommended to engage an experienced immigration professional. This ensures that the application is thorough, meets all legal criteria, and presents the evidence effectively to USCIS.
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Application Process
For all of these visas you must file form I-140, Petition for Alien Worker. For EB-1(a) you may petition for yourself; for EB-1(b) and EB-1(c) your employer must file the form. The I-140 is filed with USCIS and, depending on whether or not the green card is current, an I-485 form can be filed.
This application can also be done while outside of the U.S., a process by which the I-140 is filed with USCIS and the applicant receives the green card through consular processing.