The employment-based first-preference visa category (also referred to as EB-1 Visa) is available for persons of extraordinary ability, outstanding professors or researchers, or for multinational executives or managers. What distinguishes this category from other employment-based ones is that the quota for available visas is usually current. As well, EB-1 visa applicants are not required to utilize the Labor Certification process. If eligible for an EB-1, applicants can also concurrently apply for a green card if they are in the United States in lawful nonimmigrant status. Each of these occupational categories have legal requirements that must be met, as briefly illustrated by this table:
|Person must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. The achievements must be recognized in the field of expertise through extensive documentation. No offer of employment is required.
|Must meet 3 of 10 criteria provided under the law, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
|Outstanding professors and researchers
|The person must demonstrate international recognition for their outstanding achievements in a particular academic field. Requires at least 3 years experience in teaching or research in that academic area. The applicant must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
|Must include documentation of at least two criteria under the law, and an offer of employment from the prospective U.S. employer.
|Multinational manager or executive
|The employee must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a company and the employee must be seeking to enter the United States to continue service to that company. 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.
|The U.S. petitioner must be a U.S. employer, who has been doing business for at least 1 year as an affiliate, a subsidiary, or as the same company or other legal entity that employed the person abroad.
For more information, please contact us to schedule a consultation to evaluate whether one of the above EB-1 categories is a match for you or a prospective permanent employee.