EB-1 Visa Overview - Employment-Based Immigration
EB-1 visas are made available to:
- Persons of Extraordinary ability
- Outstanding professors and Researchers
- Multinational managers or executives
1. EB-1 Extraordinary Ability
Those that demonstrate extraordinary ability in the areas of the arts, sciences, education, athletics or business may apply for the EB-1 visa. If you fit into one of these categories, you must demonstrate national or international recognition in your field and must have extensive documentation in order to prove your extraordinary ability. One of the main benefits of the EB-1 visa is that you do not need an employment offer in order to obtain the visa.
Criteria for Proving Extraordinary Ability
You must show a substantial one time achievement such as a Nobel Prize, a Pulitzer Prize, an Oscar, or Olympic Metal, or you must meet at least three (3) of the following:
- Evidence of published work of yourself by others in a major media, such as newspaper, book, documentary, etc.
- Evidence that you have judged the work by others in the past
- Evidence of a substantial contribution in your field
- Evidence of any publications by yourself in your field of expertise
- Your work must have been displayed at art exhibitions or showcases
- You must show that you have been commercially successful in the performing arts
- You must show that your expertise commands a high salary in comparison to others in your field
- You must show evidence that you have had a leading or significant role in a notable organization
- You must provide evidence of any awards or prizes that you have received
- You must provide evidence of your membership in any professional organizations related to your field
2. EB-1 Outstanding Professors and Researchers
In order to qualify for an EB-1 visa through the “outstanding professors and researchers” category, you must provide evidence that you have been teaching or engaging in research for the past 3 years, and must provide evidence of international recognition for substantial achievements in your academic field. In order to qualify under this category, you must show that you are pursuing tenure track teaching, or show that you are engaging in a substantial research position at a university or institution of higher learning.
You must meet at least 2 off the following requirements to qualify as an EB-1 Outstanding Professor or researcher:
- Provide evidence of major prizes or awards that you have received
- Provide evidence of your membership in associations related to your field which demands excellence and great achievement
- Provide evidence of any published material in professional publications written by others in your field of expertise about your work
- Provide evidence of your authorship in any published material in professional publications or scholarly books or journals
- Provide evidence of any substantial research or scholarly contributions to your field of expertise
- Provide evidence of your participation as a judge of any scholarly or research material in your field of expertise
3. EB-1 Multinational Manager or Executive
To Qualify for an EB-1 visa through the “multinational manager or executive” category you must have at least one year of experience in your position and must have had this experience in the preceding 3 years. You must be entering the United States in order to continue working for the firm or corporation in which you had had at least a year of experience with as a multinational manager or executive.
Requirements of the Employer:
Your employer must be a U.S. employer that has been doing business for at least one year. Your employer must be a subsidiary, affiliate, or the same corporation that you were employed by abroad.
EB-1 Visa FAQ
Are there any travel restrictions with the EB-1 visa?
There are no travel restrictions on the EB-1 visa. You may leave the country as many times as you like under the EB-1 visa.
As an outstanding professor or researcher, do I need Labor Certification for an EB-1 visa?
No, labor certification is not required as an outstanding professor or researcher for EB-1 visa purposes.
Can I bring my spouse and children with me while under EB-1 status?
Yes, you may bring your spouse and dependent children under 21 years of age with you to the United States while on an EB-1 visa.
What can I do if my Form I-140 is denied while applying for an EB-1 visa?
If your I-140 is denied, you may file form I-290B, Notice of appeal at the USCIS service center with jurisdiction over your area, within 33 days of your denial notice. In addition, you can re-file the I-140 if you have new evidence related to your case.
Written by:Mark Carmel