EB-1 Visa Lawyers

EB-1 Employment Based Green Card

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, or, you are an outstanding professor or researcher, or, you are a multinational executive or manager. Each occupational category has certain requirements that must be met.

There are three types of EB-1 petitions:

  • Alien of Extraordinary Ability (EB-1A)
  • Outstanding Researchers and Professors (EB-1B)
  • Multinational Managers and Executive (EB-1C)

In an EB-1 petition, Labor Certification is not required at all. Furthermore, for aliens with extraordinary ability a permanent job offer is not required, applicants don’t have to demonstrate that they have an employer in the US; they only have to demonstrate that they will keep working in the field in which they have the extraordinary abilities.

EB-1A applicants may file for immigration petition on behalf of themselves. However, EB-1B and EB-1C petitions require job offers. In other words, a U.S. employer must be the petitioner for EB1B or EB1C cases.

EB-1A - Alien of Extraordinary Ability

This classification applies to aliens who can demonstrate that they have risen to the very top of their field or endeavor.” Such candidates may apply for EB1A petition without a labor certification or a job offer (i.e. an employer’s sponsorship).

Requirements

To qualify, you must be able to demonstrate:

  1. Extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
  2. Your achievements must be recognized in your field through extensive documentation.

To establish that the alien is a top member within his/her respective field, evidence of receipt of an internationally recognized award such as the Nobel Prize or an Academy Award is accepted. However, in the absence of an internationally recognized award, the alien can establish him/herself as an Alien of Extraordinary Ability by providing documentation of any three (3) of the following ten (10) criteria:

  1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
  2. Membership in associations, which require outstanding achievements of their members, as, judged by recognized national or international experts in their fields.
  3. Published material in professional/major trade publications or major media about the alien and relating to the alien’s work field.
  4. Participation as a judge (individually or as a part of a panel) evaluating the work of others.
  5. Original scientific, scholarly, or artistic contributions of major significance.
  6. Authorship of scholarly articles in professional journals or other major media.
  7. Artistic exhibitions/shows.
  8. Leading role within an organization/establishment with a distinguished reputation.
  9. High salary/compensation for services in comparison to others.
  10. Commercial success within the performing arts, as shown by either box office receipt figures or cassette, compact disk, video, or DVD sales figures. The alien must also show that his/her admittance into the United States will substantially benefit the United States in the future.

EB-1B – Outstanding Researches and Professors

This classification is for those who can demonstrate international recognition for their outstanding achievements in a particular academic field. Unlike self-petitioned EB-1A cases, EB-1B cases are employer sponsored. This means the petitioning employer must demonstrate that the alien has outstanding ability as a researcher or professor and has a permanent job offer from the employer.

Requirements

There are three (3) main requirements for someone seeking a petition as an “Outstanding Researcher/Professor”, including:

  1. International recognition for being outstanding in a specific academic field; See below for examples of what needs to be shown;
  1. At least three years of relevant research or teaching experience: Research or teaching experience obtained while in pursuit of an advanced degree, such as a Ph.D., can be counted toward the three year requirement, but only if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. The alien must document his or her work history with letters from current and/or former employers describing work duties and years of employment; and
  1. A job offer for a permanent research position or a tenured or tenure-track teaching position from the sponsoring employer: Generally, the job offer is given by a university or other similar academic or scientific institution, but it can also be offered by a private employer. If the offer is from a private employer, the employer must have at least three full-time researchers along with accompanying documentation supporting their accomplishments within the field.

 To be recognized internationally as an Outstanding Researcher or Professor in one’s field requires at least two (2) of the following types of evidence:

  • Evidence of receipt of major prizes or awards for outstanding achievement 
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement 
  • Evidence of published material in professional publications written by others about the alien’s work in the academic field
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Evidence of original scientific or scholarly research contributions in the field 

Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

EB-1C - Multinational Managers and Executive

The Multinational Managerial or Executive EB-1C petition allows international companies to transfer top-level executives and managers to the U.S. as permanent residents.

Requirements for the EB-1C U.S., Employer

The following requirements must be satisfied by the employing company and employees: 



  1. The company must have a qualifying relationship with a foreign company, such as a parent company, branch, subsidiary, or affiliate. These are collectively referred to as qualifying entities.
  2. The company must conduct business as an employer in the United States and in at least one other country directly or through a qualifying organization in the regular, systematic, and continuous provision of goods or services.
  3. The company must have been in existence in the United States for at least one year.

Requirements for the EB-1C Employee

The EB-1C candidate must have been employed for one year within the past three years by the overseas affiliate, parent, subsidiary or branch of the U.S. employer and they must work in the United States in a managerial or executive capacity.

The employing company when petitioning for a Multinational Manager must satisfy the following requirements: 



  1. She/he must manage/supervise the organization, department, component or function by controlling the work of other supervisory, professional or managerial employees;
  2. Has the authority to hire and fire and make personnel decisions; and
  3. Exercises direction over day-to-day operations of the activity or function.

The employing company when petitioning for a Multinational Executive must satisfy the following requirements:

  1. Directs management of an organization, major component, or function;
  2. Establishes goals and policies;
  3. Exercises wide latitude in discretionary decision-making; and
  4. Receives only general supervision from higher executives, the board of directors, or stockholders.

The EB-1C visa is a good way for businesses or start-up companies to further expand their business in the United States. This is because the foreign company will be able to transfer a key manager or executive to U.S. to manage the day-to-day operation of the business without any minimum investment requirement or any application for labor certification.

For more information, please contact Eikon Law to speak to an expert immigration lawyer.

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