Employment-Based First Preference: EB-1 Visa
The EB-1 visa is an immigrant visa granting its holder US Permanent Residency. The category is divided into three subcategories: foreign nationals of extraordinary ability, outstanding professors and researchers, and multinational managers or executives. These subcategories are more commonly known as EB-1A, EB-1B, and EB-1C, respectively.
EB-1A, Foreign Nationals of Extraordinary Ability
Unlike the other two subcategories, the EB-1A category does not require an employer sponsor in order to obtain the green card. A qualified foreign national may simply self-sponsor and quickly obtain US Permanent Residency. Additionally USCIS offer premium processing which guarantees the petition is adjudicated within 15 calendar days.
What are the EB-1A Visa Qualifications?
To qualify for the EB-1A visa you must prove you have extraordinary ability in either the sciences, arts, education, business, or athletics through national or international recognition. The petition must be supported by extensive documentation to prove you are recognized as extraordinary in your field.
Although you may submit any evidence you believe is relevant to prove your extraordinary ability, USCIS requires you meet 3 of their 10 criteria as listed below. Alternatively, if you can provide evidence of a one-off achievement such as winning the Pulitzer, Oscar, or Olympic Medal, you are exempt from the 3 of the 10 criteria requirement.
Although you may submit any evidence you believe is relevant to prove your extraordinary ability, USCIS requires you meet 3 of their 10 criteria as listed below. Alternatively, if you can provide evidence of a one-off achievement such as winning the Pulitzer, Oscar, or Olympic Medal, you are exempt from the 3 of the 10 criteria requirement.
What are the Extraordinary Ability Criteria?
Note: The below bullet points are taken directly from www.uscis.gov.
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Evidence of your membership in associations in the field which demand outstanding achievement of their members
- Evidence of published material about you in professional or major trade publications or other major media
- Evidence that you have been asked to judge the work of others, either individually or on a panel
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
- Evidence that your work has been displayed at artistic exhibitions or showcases
- Evidence of your performance of a leading or critical role in distinguished organizations
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
- Evidence of your commercial successes in the performing arts
EB-1B, Outstanding Professors and Researchers
In addition to the EB-1A category, US immigration provides a separate subcategory specifically for outstanding professors and researchers.
What are the EB-1B Visa Qualifications?
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You must have an offer of employment from a prospective US employer to qualify under the EB-1B category. In addition to have a job offer, you must also prove international recognition of your outstanding achievement in your specific academic field. This must be accompanied by at least 3 years’ experience in teaching or research in that field, and your entry into the US is to pursue tenure or tenure track teaching or a similar research position with an institution of higher education.
Finally, you must provide relevant documentation and evidence to prove you meet 2 of the 10 criteria listed above in the Extraordinary Ability Criteria. |
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EB-1C, Multinational Managers or Executives
The last subcategory of the EB-1 visa is reserved for multinational managers and executives. This category is not only reserved for large companies with hundreds of employees. Smaller companies may also qualify to sponsor an employee for a green card.
What are the EB-1C Visa Qualifications?
Qualifying company relationships include affiliate, parent, child, or subsidiary companies. The nature of the visa requirements necessarily also require an offer of employment from the US entity. Finally, the employer in the US must have also been doing business for at least one year before the petition is filed on behalf of the prospective employee.
The Barella Global Advantage
To learn more obtaining US Permanent residency via the EB-1 Visa category, contact our Brussels, London, or Paris office to arrange a consultation.
