EB-1 visa is an employment-based immigrant visa issued to first preference “priority workers”. If the EB-1 petition is approved, the applicant and applicant’s immediate family (spouses and unmarried children under 21) will obtain permanent residence in the U.S.
U.S. immigration law allocates 28.6% of the total number of employment-based immigrant visas per year to EB-1 priority workers in three EB-1 subcategories, which together comprise the EB-1 visa classification:
- Persons of extraordinary ability (EB-1A);
- Outstanding professors and researchers (EB-1B);
- Multinational executives and managers (EB-1C).
EB-1 visa classification is highly attractive due to the fact that there is no allocation of the available visas among these three subcategories of priority workers. It means that EB-1 applicants do not have to wait until the visa number becomes available. This is an important factor for applicants from India and China since other employment-based immigrant categories such as EB-2 can have long waiting lines (up to 12 years for some applicants).
When you evaluate your case to see if you qualify for any of the EB-1 subcategories, you should also consider other immigrant visa options available:
- The EB-2 category for individuals of exceptional ability in the sciences, arts, or business, and
- Workers of exceptional ability in the sciences or arts or performing arts under Schedule A, Group II.
Persons of Extraordinary Ability (EB-1A)
U.S. immigration law defines extraordinary ability as a level of expertise indicating that the individual is one of a small percentage who has risen to the very top of the field of endeavor. EB-1A applicants of extraordinary ability are defined as those who have extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim, and whose achievements have been recognized in the field through extensive documentation.
EB-1A Basic Requirements
No Job Offer or Labor Certification Required
One of the main advantages of classifying an applicant as an EB-1A worker of extraordinary ability is that neither a U.S. job offer nor a labor certification is required. Although an employer may petition for an EB-1 worker of extraordinary ability, the foreign born applicant can also self-petition without a U.S. job offer or a petitioning U.S. employer.
Each EB-1A applicant must include evidence that the individual will continue to work in the U.S. in the area of his or her expertise. Such evidence can include:
- Letters from prospective U.S. employers;
- Evidence of prearranged commitments for employment in the U.S.; or
- A description of how he or she will continue to work in the field in the U.S.
Criteria to Qualify for EB-1A Extraordinary Ability Status
To qualify as an individual of extraordinary ability, the applicant must show that his or her accomplishments have been recognized in the field of endeavor, and that the individual has received acclaim for those accomplishments. The U.S. immigration law permits a showing made through a single achievement, such as receipt of a major, internationally recognized award like a Nobel or Pulitzer Prize. Other awards, not as notable, might also qualify, but the foreign national will have to document how the international award in the particular field compares to a Nobel or Pulitzer Prize.
In fact, very few applicants will qualify for extraordinary ability status through a one time achievement, and the regulations provide for alternative requirements. To qualify through the alternative requirements, the applicant still must make a showing of sustained recognition on either a national or international level and the petition must include extensive documentation of at least three of the following:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
- Membership in associations in the field that demand outstanding achievement of their members, as judged by recognized national or international experts;
- Published material about the foreign national in professional or major trade publications or other media;
- That the foreign national is a judge of the work of others in the field, either individually or on a panel;
- The foreign national has made original contributions of major significance to the field;
- Authorship of scholarly articles in professional or major trade publications or other major media;
- Display of the foreign national’s work at artistic exhibitions or showcases;
- The foreign national has performed in a leading or critical role for organizations that have a distinguished reputation;
- The foreign national commands high remuneration in relation to others in the field; or
- Commercial success in the performing arts.
If the above criteria do not apply, the regulations also allow for “other comparable evidence.” When making a decision to file EB-1A application, you should consider issues of visa backlog, as well as your background and work in the U.S. to determine whether EB-1 extraordinary-ability category fits you best. Keep in mind that you are allowed to file more than one petition in different immigration categories.
In adjudicating EB-1 extraordinary ability petitions USCIS looks for evidence showing that the extraordinary ability worker will “substantially benefit prospectively the U.S.” According to USCIS Policy Memorandum, EB-1 extraordinary ability and EB-1 outstanding professor or researcher petitions are proceeding under a two-part approach where USCIS first evaluates to see:
- First, if the individual has made a single achievement, such as receipt of a major, internationally recognized award like a Nobel or Pulitzer Prize, and
- Second, if no single achievement evidence was provided, the applicant has submitted evidence for at least three of the required criteria.
You can learn more about EB-1A applications in our guide.
Outstanding Professors and Researchers (EB-1B)
The EB-1B subcategory is for outstanding professors and researchers. These workers are professors and researchers who are internationally recognized for their outstanding achievements.
EB-1B Basic Requirements
To qualify as an outstanding professor or researcher, the applicant must:
- Be internationally recognized as outstanding in a specific academic field;
- Have a minimum of three years of experience in teaching and/or research in that field; and
- Enter the U.S. in a tenure or tenure-track teaching or comparable research position at a university or other institution of higher education, or in a comparable research position with a private employer under certain circumstances.
Research positions must be permanent. A permanent position is defined as:
- Tenured
- Tenure-track, or
- For a term of indefinite or unlimited duration with the expectation of continued employment, unless there is good cause for termination.
The employer need not be a university or educational institution. The employer can be a private company, but it must employ at least 3 full-time researchers. The private employer also must have documented accomplishments in an academic field. The regulations do not require EB-1B applicants to possess a Ph.D. degree. Furthermore, an applicant who qualifies as an outstanding professor can be offered a position as a researcher and vice versa.
Three Years of Experience
The outstanding professor or researcher must have at least 3 years of experience. However, the required 3 years can include pre-degree research experience gained while working on the advanced degree. In addition, predegree teaching experience is acceptable if the applicant has acquired the degree, and had full responsibility for the course. Additionally, any combination of teaching or research totaling 3 years will serve to meet the experience requirement.
EB-1B Criteria to Show International Recognition for Outstanding Achievements
The outstanding professor or researcher must satisfy at least two of the following criteria:
- Receipt of major prizes or awards in the field;
- Membership in associations that require outstanding achievements;
- Published material in professional journals written by others about the foreign national’s work;
- Participation as a judge of the work of others in the same or an allied field;
- Original scientific or scholarly research contributions to the field; or
- Authorship of scholarly books or articles in scholarly journals with international circulation in the field.
Certain Multinational Executives and Managers (EB-1C)
The EB-1C classification is reserved for executives and managers of foreign companies who are transferred to the same or a related company in the U.S.
EB-1C Basic Requirements
The requirements for this classification closely resemble those for nonimmigrant (L-1A) intracompany transferees. A multinational manager or executive may qualify for EB-1C immigrant status if the following requirements are met:
- He or she has been employed outside the U.S. in a managerial or executive capacity for at least 1 of the 3 years immediately preceding the filing of the petition, or
- In the case of a foreign worker presently in the U.S., 1 of the 3 years preceding entry to the U.S. as a nonimmigrant.
The regulations require the qualifying EB-1C employment to have been outside the U.S. in a managerial or executive capacity. The past employment must have been with the same employer, an affiliate, or a subsidiary of the employer. The foreign worker must be coming to work in an executive or managerial capacity. Finally, the U.S. employer must have been doing business in the United States for at least 1 year.
EB-1C Qualifying Multinational Relationship
The petitioner must be a U.S. employer that is an affiliate, a subsidiary, or the same employer as the firm, corporation, or other legal entity that employed the applicant abroad. The definitions of affiliate and subsidiary in the regulations are comparable to L-1 intracompany transferee regulations.
An “affiliate” is defined as one of two subsidiaries that is owned or controlled by the same parent or individual, or by a group of individuals, so long as each individual owns and controls approximately the same share or percentage of each entity. The term “affiliate” also includes certain international accounting firms that market accounting services under an internationally recognized name.
Subsidiaries include direct or indirect ownership of at least half of another entity, ownership of 50 percent of a 50/50 joint venture with equal control veto power, or ownership of less than 50 percent of an entity with de facto control.
EB-1C Managerial or Executive Capacity
The applicant’s qualifying experience and the position offered in the U.S. must be in a managerial or executive capacity. The definitions of manager and executive are critical in EB-1C petitions.
Managerial capacity is an assignment in which the employee primarily:
- Manages the organization or a department, subdivision, function, or component of the organization;
- Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
- If another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
- Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.
A managerial position does not necessarily require management of personnel; management of a function is sufficient. However, there must be subordinate personnel who actually carry out that function. First-line supervisors, even if directly managing the work of subordinate employees, do not meet the definition of managerial capacity unless those supervised are professionals.
Executive capacity means an assignment within an organization in which the employee primarily:
- Directs the management of the organization, or a major component or function of the organization;
- Establishes the goals and policies of the organization, component, or function;
- Exercises wide latitude in discretionary decision making; and
- Receives only general supervision or direction from high-level executives, the board of directors, or stockholders of the organization.
You can learn more about EB-1C applications in our guide.
How to Apply for EB-1 Visa
To start the EB-1A application process, you or your U.S. employer must file Form I-140, Immigrant Petition for Alien Worker with USCIS. Form I-140 current filing fee is $700 and premium processing is available for an additional fee of $2,500. The petition packet must include signed Form I-140, appropriate government filing fees and the required documentary evidence. Unlike the EB-1A applicants, the outstanding professor or researcher cannot self-petition; the U.S. employer must file the petition. Same rules apply to EB-1C applicants where only a U.S. employer can file Form I-140 to sponsor foreign born employee for a green card.
EB-1 Checklist of Required Documents
EB-1A Extraordinary Ability Checklist of Documents
| Evidence | Examples of Acceptable Documents |
Who provides it |
| Passport |
|
Applicant |
| Proof of maintaining lawful nonimmigrant status | Applicant | |
| Marriage certificate |
|
Applicant |
| Birth certificate |
|
Applicant and family members |
| Educational credentials |
|
Applicant |
| Practice license |
|
Applicant |
| Documentation regarding how you will be working in your field |
|
Applicant |
| Documentation of extraordinary ability |
-The reputation of the organization granting the award and information on the judges/judging process; -Previous winners of the award who held international acclaim at the time of receiving the award;
-Number of members and your ranking among the members (if applicable); -The status of the association within the national or international community in the field of endeavor; -Evidence of recognized national or international experts who make determinations about membership;
-Copies of the publication, including to the extent possible, name of the publication and/or article, the title, date, author, and website (if electronic media); -Information about the publication and its significance, including circulation, scope of the publication (local, national, international), readership, frequency of publication, and awards received;
-Information identifying the criteria used to select judges; -An explanation describing how and why you received an invitation to be a judge;
-Articles, abstracts, etc., that you have written; -If you have given any conference or other presentations, please include the conference itinerary showing your appearance; -Copies of patents or patent applications (showing you as author or coauthor); -Support letters from peers, colleagues, advisors, investors, etc. explaining why your original contributions are novel and groundbreaking, and how they have influenced or benefitted those in the field; -Special Note for Letters from Outside Experts: The expert should not merely read your resume and summarize it. When USCIS asks for outside letters, it is referring to people who know you by reputation and body of work. Ideally, these experts have read at least one of your publications, have heard you present at conferences, or otherwise are aware of your innovations. They can speak about your research and focus on how it has impacted them personally and/or the field at large. If the individual can speak about ways in which they have emulated or adopted your techniques, that would be very helpful as well. The letter that details the above is the type of outside expert letter that is most useful; -Objective documentary evidence of the significance of your contribution to the field; -Documentary evidence indicating that people in the field of endeavor consider your work important; -Support letters from experts such as CEOs of distinguished organizations, etc., which describe in detail your achievements and their major significance; -Evidence that your contributions have provoked widespread public commentary and/or have been widely cited or used by others in the field; -Evidence of visitor traffic to your website, including the number of individuals who purchased or downloaded your products or applications; -Evidence that your work is being implemented by others, such as contracts with companies using your products;
-Information about the publication and its significance, including impact factor. This may also include circulation information and frequency of publication; -The number of citations to your written work and the number of times the article has been accessed (if available)l -Significant or influential books, papers, reports, publications, etc. citing to the work covered in your publications;
-Letters from current or former employer(s) with specific details regarding your role and how it was critical or essential, with emphasis on the specific accomplishments, how the accomplishments are attributed to you and your role, and why these accomplishments are important; -Evidence of promotion for you conducted by the company or organization, including interviews, television appearances, articles written about you, etc.; -Evidence of membership on committees for the company or organization, professor/lecturer roles, etc., as well as any awards or recognition received for such participation; -Documents showing the existence of the company or organization; -Documents showing the distinguished reputation of the company or organization;
|
EB-1B Extraordinary Ability Checklist of Documents
Outstanding Researcher or Professor
|
Evidence |
Examples of Acceptable Documents |
Who provides it |
| Passport |
|
Applicant |
| Proof of maintaining lawful nonimmigrant status |
|
Applicant |
| Marriage certificate |
|
Applicant |
| Birth certificate |
|
Applicant and family members |
| Educational credentials |
|
Applicant |
| Practice license |
|
Applicant |
| Documentation regarding a qualifying offer of employment |
|
Applicant and employer |
| Documentation regarding international recognition as outstanding in the academic field and documentation of three years of experience in teaching and/or research in the academic field |
-Actual award certificates; -Articles or announcements about the awards; -References to the award in letters of recommendations; -If you have received venture capital funding or have been awarded a grant, submit evidence of the funding or grant awarded, including the amount of the funding or grant and the criteria used in awarding the funding or grant; -Evidence of other investments received, such as those from an accredited angel investor; Should include the following as applicable: -Criteria used to grant the award, as well as evidence of the significance of the award; -The reputation of the organization granting the award and information on the judges/judging process; -Previous winners of the award who held international acclaim at the time of receiving the award;
-Minimum requirements and criteria used to accept a person for membership;–Number of members and your ranking among the members (if applicable); -The status of the association within the national or international community in the field of endeavor; -Evidence of recognized national or international experts who make determinations about membership;
-Copies of the publication, including to the extent possible, name of the publication and/or article, the title, date, author, and website (if electronic media); -Information about the publication and its significance, including circulation, scope of the publication (local, national, international), readership, frequency of publication, and awards received;
-Information identifying the criteria used to select judges; -An explanation describing how and why you received an invitation to be a judge;
-Articles, abstracts, etc., that you have written; -If you have given any conference or other presentations, please include the conference itinerary showing your appearance; -Copies of patents or patent applications (showing the beneficiary as author or coauthor); -Support letters from peers, colleagues, advisors, investors, etc., explaining why your original contributions are novel and groundbreaking, and how they have influenced or benefitted those in the field; -Special Note for Letters from Outside Experts: The expert should not merely read your resume and summarize it. When USCIS asks for outside letters, they are referring to people who know you by reputation and body of work. Ideally, these experts have read at least one of your publications, have heard you present at conferences, or otherwise are aware of your innovations. They can speak about your research and focus on how it has impacted them personally and/or the field at large. If the individual can speak about ways in which they have emulated or adopted your techniques, that would be very helpful as well. That is the type of outside expert letter, which is most useful; -Objective documentary evidence of the significance of your contribution to the field; -Documentary evidence indicating that people in the field of endeavor consider your work important; -Support letters from experts such as CEOs of distinguished organizations, etc., which describe in detail your achievements and their major significance; -Evidence that your contributions have provoked widespread public commentary and/or have been widely cited or used by others in the field; -Evidence of visitor traffic to your website, including the number of individuals who purchased or downloaded your products or applications. -Evidence that your work is being implemented by others, such as contracts with companies using your products;
-Information about the publication and its significance, including impact factor. This may also include circulation information and frequency of publication; -The number of citations to your written work and the number of times the article has been accessed (if available); -Significant or influential books, papers, reports, publications, etc. citing to the work covered in your publications;
|
Applicant |
EB-1C Extraordinary Ability Checklist of Documents
Multinational Executives and Managers
|
Evidence |
Examples of Acceptable Documents |
Who provides it |
| For Position as Manager-in-Fact | Evidence should show that the applicant’s work abroad meets the following requirements:
|
Employer |
| For Position as a Functional Manager |
|
Employer |
| For Position as an Executive |
|
Employer |
| Job offer in the U.S. |
|
Employer |
| Evidence of the qualifying relationship between the U.S. and foreign employer based on ownership and control |
|
Employer |
| Evidence that the company has been “doing business” in the United States for at least one year |
|
Employer |
| Evidence that the company maintains foreign operations business abroad and will continue after the Beneficiary completes immigrant visa processing |
|
Employer |
| Educational Credentials |
|
Applicant |
| Copy of current valid passport |
|
Applicant |
| Proof of maintaining lawful nonimmigrant status |
|
Applicant |
| Evidence that the company has the ability to pay the offered salary |
|
Employer |
| Birth certificate |
|
Applicant and family members |
| Legal name change documents |
|
Applicant |
| Marriage certificate |
|
Applicant |
Related Links:
EB-1A (Alien of Extraordinary Ability) – Eligibility, How to Apply & Costs
How to Apply for EB-2 NIW (National Interest Waiver) Green Card – Complete Guide
