Employment-Based First Preference: EB-1 Visa
The EB-1 visa is an immigrant visa that grants its holder U.S. Permanent Residency. This visa category is subdivided into three key subcategories: foreign nationals with extraordinary ability (EB-1A), outstanding professors and researchers (EB-1B), and multinational managers or executives (EB-1C).
EB-1A, Foreign Nationals of Extraordinary Ability
Unlike the other two subcategories, the EB-1A category allows for self-sponsorship, eliminating the need for a job offer and employer sponsorship to obtain a Green Card. Qualified foreign nationals can expedite their path to U.S. Permanent Residency through this option. Additionally, USCIS offers premium processing for the EB-1A petition, which guarantees that the petition will be adjudicated within 15 or 45 calendar days, depending on the specific visa category.
What are the EB-1A Visa Qualifications?
To qualify for the EB-1A visa, you must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics, supported by national or international recognition. Extensive documentation is required to substantiate your standing as extraordinary in your field.
While you may submit any relevant evidence to establish your extraordinary ability, USCIS requests that you meet at least 3 out of their 10 specified criteria. Alternatively, if you have earned a one-time, high-profile accolade—such as a Pulitzer Prize, an Oscar, or an Olympic Medal—you are exempt from the requirement to meet 3 out of the 10 criteria.
While you may submit any relevant evidence to establish your extraordinary ability, USCIS requests that you meet at least 3 out of their 10 specified criteria. Alternatively, if you have earned a one-time, high-profile accolade—such as a Pulitzer Prize, an Oscar, or an Olympic Medal—you are exempt from the requirement to meet 3 out of the 10 criteria.
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, U.S. immigration offers a distinct subcategory specifically designed for outstanding professors and researchers.
What are the EB-1B Visa Qualifications?
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To qualify under the EB-1B category, you must have a job offer from a prospective U.S. employer. In addition to having a job offer, you must also demonstrate international recognition for your outstanding achievements in your specific academic field. This must be supported by a minimum of three years of experience in teaching or research in that academic field. Your intended purpose for entering the U.S. should be to pursue a tenure-track teaching position, or a comparable research role at an institution of higher education.
Lastly, you are required to submit appropriate documentation and evidence to show that you meet at least two of the six criteria outlined below. Note: The below bullet points are taken directly from www.uscis.gov.
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EB-1C, Multinational Managers or Executives
The final subcategory of the EB-1 visa is designated for multinational managers and executives. Contrary to common belief, this category is not exclusive to large corporations with hundreds of employees. Smaller companies may also be eligible to sponsor an employee for a Green Card if the requirements are met.
What are the EB-1C Visa Qualifications?
The employee to be sponsored must have worked outside the United States for at least one year within the three years prior to the submission of the petition, and must have been employed by a qualifying related company. Qualifying relationships between companies include affiliate, parent, subsidiary, or child companies. Additionally, the visa requirements mandate an offer of employment from the U.S. employer, as well as evidence that the sponsored employee will assume an executive or managerial role upon transfer to the U.S. Lastly, the U.S. employer must have been conducting business for at least one year before filing the petition on behalf of the prospective employee.
The Barella Global Advantage
Barella Global has a successful track record of assisting individuals in applying for permanent residency via the EB-1 visa. Our international offices provide unparalleled flexibility for clients located outside the United States, and our extensive experience at the consular level helps ensure that visa applicants feel well-prepared for their immigrant visa interviews. To learn more about obtaining U.S. permanent residency through the EB-1 Visa category, contact one of our offices to schedule a consultation.
