EB-1 Extraordinary Ability Visa

​EB-1A Visa Qualifications

The EB-1A subcategory is reserved for foreign nationals who have demonstrated extraordinary ability in the sciences, arts, education, business, or athletics. To qualify, applicants must show sustained national or international acclaim, provide extensive documentation of their achievements, demonstrate that they seek to enter the United States to continue work in the area of extraordinary ability, and establish that their entry into the United States will substantially benefit the country in the future. Unlike many other employment-based immigrant categories, no job offer or labor certification is required for EB-1A applicants.

To demonstrate extraordinary ability, applicants must either present evidence of a one-time, major international achievement such as a Pulitzer Prize, Oscar, or Olympic Medal, or satisfy at least three of the following ten criteria:

• Receipt of nationally or internationally recognized prizes or awards for excellence
• Membership in associations in the field that require outstanding achievement of their members
• Published material about the applicant in professional or major trade publications or major media
• Service as a judge of the work of others, either individually or on a panel
• Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
• Authorship of scholarly articles in professional journals or other major media
• Work displayed at artistic exhibitions or showcases
• Performance in a leading or critical role for distinguished organizations
• Command of a high salary or other significantly high remuneration in relation to others in the field
• Commercial successes in the performing arts

Sustained National or International Acclaim

Applicants must demonstrate that their acclaim is not a one-time event but has been maintained over time. While “sustained” does not imply a minimum number of years or age, the evidence must establish a continuing reputation. For example, an athlete who has since transitioned into coaching may still qualify if they have demonstrated a comparable level of national or international acclaim as a coach.

Continuing to Work in the Area of Expertise

Applicants must intend to continue working in their field of extraordinary ability once in the United States. While some transitions—such as from athlete to coach—can qualify if the overall pattern of acclaim is consistent, employment outside the field of recognized expertise generally does not satisfy this requirement.

Entry to Substantially Benefit the United States

The applicant’s entry must prospectively benefit the United States. This requirement is interpreted broadly and assessed on a case-by-case basis, taking into account the applicant’s role and contributions.

Petition Process

The EB-1A petition is filed on Form I-140, Immigrant Petition for Alien Worker. Premium processing is available, requiring USCIS to take action within 15 business days, although Requests for Evidence (RFEs) can pause adjudication. Once approved, the case is transferred to the National Visa Center (NVC) for consular processing. At this stage, the applicant attends a medical exam, consular interview, and, if approved, receives an immigrant visa. U.S. permanent residency is granted only upon entry to the United States when U.S. Customs and Border Protection (CBP) endorses the immigrant visa.

​EB-1B Visa Qualifications

The EB-1B subcategory is reserved for outstanding professors and researchers who can demonstrate international recognition for their achievements in a particular academic field. To qualify, applicants must have at least three years of experience in teaching or research and must be entering the United States to take up a tenured or tenure-track teaching role, or a permanent research position at a qualifying U.S. university, institution of higher education, or private employer.

Evidence of Outstanding Achievement

Applicants must provide an offer of employment from the prospective U.S. employer and meet at least two of the following six evidentiary criteria:

• Receipt of major prizes or awards for outstanding achievement
• Membership in associations that require members to demonstrate outstanding achievement
• Published material written by others in professional publications about the applicant’s work in the academic field
• Participation, either on a panel or individually, as a judge of the work of others in the same or an allied academic field
• Original scientific or scholarly research contributions of major significance to the field
• Authorship of scholarly books or articles in journals with international circulation in the field

Qualifying Employment

The petition must include a formal job offer letter from the U.S. employer confirming the tenured, tenure-track, or permanent nature of the position. For professors, this means a tenure or tenure-track teaching role. For researchers, the position must be permanent, which can include research posts supported by renewable funding if there is a reasonable expectation of continued employment.

While private employers may also sponsor EB-1B petitions, they must demonstrate documented accomplishments in the academic field and show that the department or division employing the applicant has at least three full-time researchers. Government agencies generally do not qualify unless they operate as accredited U.S. institutions of higher education.

Petition Process

Like the EB-1A process, the EB-1B petition is filed on Form I-140, Immigrant Petition for Alien Worker. Premium processing is available, requiring USCIS to take action within 15 business days, although Requests for Evidence (RFEs) can pause adjudication. Once approved, the case is transferred to the National Visa Center (NVC) for consular processing. At this stage, the applicant attends a medical exam, consular interview, and, if approved, receives an immigrant visa. U.S. permanent residency is granted only upon entry to the United States when U.S. Customs and Border Protection (CBP) endorses the immigrant visa.

​EB-1C Visa Qualifications

The EB-1C classification is designed for multinational managers and executives seeking permanent residency in the United States. To qualify, the applicant must have been employed outside the United States for at least one year in the three years immediately preceding the petition, or in the three years preceding the most recent lawful admission to the United States if already working for the petitioning U.S. employer. The U.S. petitioner must be a qualified employer with a direct corporate relationship to the foreign company and must have been conducting business in the United States for at least one year.

General Eligibility Requirements

• Qualifying Employment Abroad: The beneficiary must have been employed abroad in a managerial or executive capacity for at least one year during the relevant three-year period.
• Qualifying U.S. Employer: The U.S. petitioning company must have been actively doing business for at least one year and must have a qualifying relationship with the foreign company, such as parent, subsidiary, or affiliate.
• Managerial or Executive Capacity:
  • Managerial capacity includes supervising other professional employees or managing essential functions of the business.
  • Executive capacity emphasizes directing the organization or a major component of it, setting goals and policies, and exercising wide decision-making authority.
• Permanent Position: The petition must demonstrate that the applicant will be employed in the United States in a permanent managerial or executive role.
• No Labor Certification: Unlike many other immigrant visa categories, no labor certification is required for EB-1C petitions.

Petition Process

Like both the EB-1A and EB-1B visas, the EB-1C petition is filed on Form I-140, Immigrant Petition for Alien Worker. Premium processing is available, requiring USCIS to take action within 45 business days, although Requests for Evidence (RFEs) can pause adjudication. Once approved, the case is transferred to the National Visa Center (NVC) for consular processing. At this stage, the applicant attends a medical exam, consular interview, and, if approved, receives an immigrant visa. U.S. permanent residency is granted only upon entry to the United States when U.S. Customs and Border Protection (CBP) endorses the immigrant visa.

​Dependents of EB-1 Visa Beneficiaries

Spouses and unmarried children under the age of 21 of EB-1 beneficiaries may be included in the immigration process and obtain permanent residency as derivative applicants. Once the principal applicant’s immigrant petition is approved and a visa becomes available, dependents may apply for immigrant visas abroad or adjust status in the United States, if eligible.

Dependents are granted lawful permanent resident (green card) status at the same time as the principal applicant, provided they meet admissibility requirements. This allows family members to live, study, and work in the United States.

Take the Next Step Toward Permanent Residency

The EB-1 immigrant visa offers a direct route to U.S. permanent residency for foreign nationals of extraordinary ability, outstanding professors and researchers, and multinational managers or executives. If you are considering applying, or if you are an employer seeking to sponsor a qualified executive, our firm can guide you through each stage of the process.

Contact Barella Global today to schedule a consultation and begin exploring your eligibility under the EB-1 program. Alternatively, you can book a consultation online through our booking platform.