EB1 Visa: Extraordinary Ability Green Card
The EB-1 Visa is a first preference employment-based Green Card. Find out more about the EB-1 visa, including the criteria you must meet to be eligible
The EB-1 Visa is a US immigrant visa that is part of the employment-based visa category. The EB-1 is a first-preference visa that is open to overseas nationals with extraordinary ability, outstanding professors and researchers, or certain multinational executives or managers. You must be able to show “sustained national or international acclaim” in your particular field (which can include the sciences, arts, education, business, or athletics).
This type of visa, also known as a Green Card, grants permanent residency. This means that if you receive it, you can stay in the US indefinitely under your green card status. If you would like to apply for U.S. citizenship, you may do so after 5 years of continuous residence as a green cardholder.
The EB1-1 Visa is seen as particularly desirable because the wait for acceptance can be markedly shorter than for other immigrant entry routes, which can take years. Additionally, you do not have to obtain Labor certification. So, in other words, US businesses are not required to see if the role can be filled domestically first.
In order to be eligible for an EB-1 visa, you must be one of the following:
Furthermore, each occupational category comes with its own set of specific requirements that must be met.
The EB1 Visa application process varies depending on the category that you are applying under.
Those applying as an immigrant with extraordinary ability can self-petition, this means they can submit their application themselves by filing Form I-140 (Petition for Alien Worker).
If you are an outstanding professor or researcher or are applying as a multinational executive or manager then your employer will need to file Form I-140 (Petition for Alien Worker) on your behalf. During the application process, your U.S employer will need to prove a continuing ability to pay the offered wage as of the priority date. They may use an annual report, federal income tax return, or audited financial statement to demonstrate this.
Again, the EB-1 Visa can be acquired much more quickly than most US Green Cards, this is because PERM Labor Certification is not required from a US employer. Most other employment-based immigration visas do require this which can greatly increase the processing time.
Foreign nationals who would like to apply for an EB-1A visa must be able to demonstrate ‘extraordinary ability. This means that the applicant is able to demonstrate that they are in the top one percent in terms of expertise in their field and have received national or international acclaim. To show that you meet these requirements, you must include evidence of a one-time outstanding achievement, for example, a major internationally recognized award such as a Nobel Prize, Academy Award, or Olympic Medal. In addition, you must meet at least 3 of the 10 criteria set out by the USCIS (or any other comparable evidence) which are as follows:
No offer of employment of labor certification is required for an alien of extraordinary ability but they must show evidence that they will continue to work in their area of expertise whilst in the United States
Outstanding professors and researchers will need to have at least 3 years of experience in teaching or research in their academic area and must demonstrate international recognition for their outstanding achievements in a particular academic field. To do this they will need to meet at least 2 of the 6 criteria set by the USCIS and will also need to provide evidence of a job offer from a U.S employer. You must be 2 of the requirements listed below which include:
In addition to meeting these requirements, the applicant must be entering the United States in order to pursue tenure or tenure track teaching or a related research position at a university, an institution of higher learning, or a private employer.
If working for a private employer, the employer must provide both documented accomplishments in their respective field and demonstrate that it employs at least 3 full-time researchers. Again, no labor certification is necessary.
If you are a multinational manager or executive and want to be considered for an EB-1C visa, you must have been employed outside the United States for a minimum of 1 year in the past 3 years preceding the visa petition. If you are already working in the U.S. under a non-immigrant visa, you must also have worked at least 1 year abroad before working in the United States.
Furthermore, your employer who will petition for your visa must have been doing business for at least 1 year, have a qualifying relationship (such as an affiliate or subsidiary of the same company) to where you worked abroad, and intend to employ you in either a managerial or executive capacity. Again, no labor certification is required for this visa petition but the employer must provide a job offer. Unlike other business immigrant visas which require a significant investment, this visa requires little to none.
The EB-1 Visa application process varies depending on the category that you are applying under.
Those applying as an immigrant with extraordinary ability can self-petition, this means they can submit their application themselves by filing Form I-140 (Petition for Alien Worker).
If you are an outstanding professor or researcher or are applying as a multinational executive or manager then your employer will need to file Form I-140 (Petition for Alien Worker) on your behalf. During the application process, your U.S employer will need to prove a continuing ability to pay the offered wage as of the priority date. They may use an annual report, federal income tax return, or audited financial statement to demonstrate this.
Again, the EB-1 Visa can be acquired much more quickly than most US Green Cards, this is because PERM Labor Certification is not required from a US employer. Most other employment-based immigration visas do require this which can greatly increase the processing time.