A basic overview of the visa is provided here. If you have further inquiries as to the application process or whether or not this is the correct route for your needs, please don't hesitate to contact us.
The EB-1 extraordinary ability visa is an employment-based first preference immigrant visa (Green Card) that allows foreign nationals within certain groups and as recognized as being at the top of their respective fields to obtain permanent residency in the United States. The individual's achievements must:
- Be demonstrated by sustained national or international acclaim.
- Be recognized in the field through appropriate and extensive documentation.
Here we address the criteria necessary as it pertains to individuals of extraordinary ability in the sciences, arts, education, business, or athletics (EB-1); outstanding professors and researchers (EB-1B); and multinational managers or executives (EB-1C).
EB-1 Extraordinary Ability Visa
The petition for a foreign national of extraordinary ability must be accompanied by evidence that the applicant has maintained national or international acclaim as well as accomplished achievements that have been recognized in his or her field of expertise. This must include evidence of an achievement that is exceedingly exemplary (such as a major internationally recognized award) or documentation of at least three of the following:
- Documentation of the individual's receiving lesser nationally or internationally recognized prizes/awards in his or her field.
- Membership in associations within the relevant field requiring outstanding achievements as judged by recognized national or international experts within the field.
- Published material about the applicant in professional trade publications or other major media relating to work in the relevant field.
- Evidence of the individual's participation as a judge of the work of others in the same field or a similar one.
- Evidence of original scientific, scholarly, artistic, athletic or business-related contributions of major significance to the relevant field.
- Evidence of the applicant's authorship of scholarly articles, professional trade publications or other major media in his or her field.
- Evidence that the individual's work has been displayed at artistic exhibitions or showcases.
- Evidence that the applicant has performed in a leading or critical role for organizations of distinguished repute.
- Evidence of commanding a high salary or compensation for his or her services as compared to others who are similarly situated.
- Evidence of commercial success in the performing arts as shown by box office receipts or sales of the individual's work.
EB-1B Visa for Outstanding professors & Researchers
In order for a foreign national to qualify for an EB-1 visa as an ‘outstanding professor or researcher’ as defined by USCIS, the individual must be recognized internationally as ‘outstanding’ in his or her specific academic discipline and possess of at least three years of experience teaching or conducting research in the academic discipline.
Furthermore, in addition to an offer of employment from a prospective employer, the petition must provide documentary evidence of at least two of the following:
- The receipt of major prizes or awards for outstanding achievement.
- Membership in associations requiring their members to demonstrate outstanding achievement.
- Material published in professional publications written by others about the applicant's work in the academic field.
- Participation as a judge (on a panel or individually) of the work of others in the either the same or an allied academic field.
- Original scientific or scholarly research contributions in the field.
- Authorship of scholarly books or articles in scholarly journals with international circulation in the field.
The applicant must also be seeking to enter the U.S. for one of the following described positions:
- A tenured position (or tenure-track position) within a university or institution of higher education to teach in his or her academic field.
- A comparable position with a university or institution of higher education for the conducting of research in the field.
- A comparable position to conduct research in the field with a department, division or institute of a private employer if the entity employs at least three full-time persons engaging in research activities and has achieved documented accomplishments in a field of academics.
EB-1C Visa for Multinational Managers or Executives
In order for a foreign national to qualify for an EB-1 visa as a ‘multinational executive or manager’ as defined by USCIS, the individual must:
- Have been employed in a managerial or executive capacity for at least one year by the firm, corporation or other legal entity or affiliate in the three years preceding the time of application.
- The employer also must have been doing business for at least one year as an affiliate, subsidiary or same corporation/legal entity that employed the applicant abroad.
- Seek to enter the U.S. in order to continue engaging in services with the same entity in a capacity that is managerial or executive.