EB1 visa applications allow individuals with exceptional abilities to immigrate to the United States permanently. This category includes extraordinary ability in science, arts, education, business or athletics through sustained national or international acclaim.
Each year, the number of EB1 visas allowed is limited. This causes green card final action dates to advance or backward, especially for applicants from India and China.
EB-1A – Extraordinary Ability
The EB-1A immigrant visa or green card category is reserved for individuals of extraordinary ability in the arts, sciences, education, business, or athletics. The category requires a high standard of achievement and extensive evidentiary documentation to prove that the applicant is one of a small percentage who have risen to the very top of their field of endeavor.
USCIS considers several evidentiary criteria when evaluating an EB-1A petition, such as winning significant awards or recognition from organizations or groups that recognize excellence in the field. Commanding a high salary or running a successful enterprise are additional evidence of extraordinary achievement. In addition to the above, a person must also demonstrate that they will continue work in their field of expertise once they enter the United States and that their entry will substantially benefit the nation.
Unlike many other categories of employment-based visas, the EB-1A category allows applicants to self-petition without a U.S. employer sponsor. It is highly recommended that you consult with a qualified immigration attorney if you believe you may qualify for this visa category. VisaNation Law Group’s EB-1A Extraordinary Ability attorneys are experienced in identifying the best evidence of your qualifications and can help you navigate this complex process. Contact Boundless today to get started.
EB-1B – Outstanding Professor or Researcher
The EB-1B Outstanding Professor or Researcher category allows researchers and academic staff who have achieved internationally recognized achievements in their field to immigrate to the United States. This visa category is similar to the EB-1 Extraordinary Ability category, but unlike the self-petitioned EB-1A, this petition is employer-sponsored and therefore requires a job offer from a U.S. company and proof that the alien will continue to work in the same scientific or scholarly field.
Those seeking a green card in the EB-1B category must meet 2 of the 6 requirements set by USCIS. Those requirements include the following:
International recognition for accomplishments in their field of expertise. This can be proven through expert testimony discussing the foreign national’s original scientific or scholarly contributions of major significance to their field. The expert should also discuss the importance of these contributions compared to the impact that their work has had on their overall field of study or research. Other forms of evidence that may be submitted include authorship of scholarly books or articles in the academic field, citations (excluding self-citations) from other scholars in their field of study, and receipt of major awards/prizes. Unlike the EB-1A, this category does not require a doctorate degree. For a researcher, the job offer must be a permanent tenure-track or comparable position at an institution of higher education or a similar position with a private employer, if the employer has at least 3 full-time researchers in their field of expertise.
EB-1C – Multinational Executive or Manager
Due to the long wait times in the EB-2 and EB-3 categories for green card applications, many international executives and managers are looking for alternative paths. The EB-1C Multinational Executive or Manager category is perfect for these individuals as it allows them to apply for a green card through their employer. This visa also helps overseas companies expand to the United States by transferring executives and managers with direct knowledge of their company’s operations to the U.S.
In order to qualify as a multinational executive or manager, you must have been employed in a managerial or executive capacity for at least one year preceding the filing of your immigrant petition by an overseas affiliate, parent, subsidiary, or branch of your U.S. employer, and you must be coming to the United States to continue working for that employer in a managerial or executive capacity.
You can prove that you have met the qualifications of this visa by providing various types of evidence, such as: a national or international award for your achievements and excellence in your field; having authored or contributed to significant scholarly, scientific, artistic, athletic, or business-related work that has been published in major journals or trade magazines; being featured in exhibitions that showcase your work; receiving a high salary; or managing an enterprise that generates substantial profits.