EB-1 Visa: Eligibility and How to Apply

The EB-1 is an employment-based visa for people with:

1. Extraordinary Ability (EB-1A);

2. Outstanding Professors and Researchers (EB-1B); or

3. Multinational Managers or Executives (EB-1C)

Conveniently, the EB-1 visa does not require a PERM Labor Certification from the U.S Department of Labor. You can also include your spouse and unmarried children under the age of 21 in your application.

Note that to apply for the EB-1, you must file an I-140, and then either at the same time or when a visa becomes available, file the I-485 to adjust your status to a green-card holder. Until you receive an EAD from your I-485 application, you must maintain another legal status if you are living in the United States.
This article will explain the eligibility requirements and how to apply for all 3 of the EB-1 categories.

EB-1A: Extraordinary Ability

Eligibility Requirements

For the EB-1A, you must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.  To show this, you must either provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) or meet 3 of the 10 criteria below:  

• 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

You also must show that you will be continuing to work in the area of your expertise, through no offer of employment is required.

How to Apply

1. File an I-140 Petition for Alien Worker

2. Check the Visa Bulletin to see if you are able to file an I-485 at the same time or shortly after (this webpage is simpler to read than the official bulletin)

3. File the I-485

EB-1B: Outstanding Professors and Researchers

Eligibility Requirements

To be eligible for the EB-1B , you must demonstrate international recognition for your outstanding achievements in a particular academic field and have at least 3 years experience in teaching or research in that academic area. You also must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer. 

For the EB-1B, you must provide an offer of employment from the prospective US employer and the private employer must show documented accomplishments and that it employs at least 3 full-time researchers. Additionally, you must meet at least 2 of the 6 criteria listed below:

• Evidence of receipt of major prizes or awards for outstanding achievement

• Evidence of membership in associations that require their members to demonstrate outstanding achievement

• Evidence of published material in professional publications written by others about the noncitizen's work in the academic field

• Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field

• Evidence of original scientific or scholarly research contributions in the field

• Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

How to Apply

1. Your employer should file an I-140 Petition for Alien Worker

1. As part of the application process, your employer must show a continuing ability to pay the offered wage as of the priority date. To do this, they may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.

2. Check the Visa Bulletin to see if you are able to file an I-485 at the same time or shortly after (this webpage is simpler to read than the official bulletin)

3. File the I-485

EB-1C: Certain Multinational Managers or Executives

Eligibility Requirements

To be eligible for the EB-1C, you must have been employed outside the US for at least 1 year in the 3 years preceding the petition (or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer) in a managerial or executive capacity.  The U.S. petitioner must have been doing business in the U.S. for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity. 

How to Apply

1. Your employer should file an I-140 Petition for Alien Worker

1. As part of the application process, your employer must show a continuing ability to pay the offered wage as of the priority date. To do this, they may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.

2. Check the Visa Bulletin to see if you are able to file an I-485 at the same time or shortly after (this webpage is simpler to read than the official bulletin)

3. File the I-485

Have questions or want help filing your EB-1 application? Book a consultation to speak with an experienced immigration attorney!