EB1 Visas

EB-1A

This category is for aliens of extraordinary ability in the sciences, arts, education, business or athletics. The applicant must demonstrate sustained national or international acclaim, and that his or her achievements have been recognized in the field of expertise. The applicant must also demonstrate that he seeks to come to the U.S. to continue work in the area of extraordinary ability, and that his entry will substantially benefit the United States.

The evidence must include either a major one-time achievement (ex: Nobel Prize, Oscar, Olympic medal), or any three of the following:

• Receipt of lesser nationally or internationally recognized prizes or awards
• Membership in an association in the field for which classification is sought which requires outstanding achievement of their members, as judged by recognized national or international experts
• Published material about the person in professional or major trade publications or other major media
• Participation as a judge of the work of others
• Evidence of original scientific, scholastic, artistic, athletic or business-related contributions of major significance
• Authorship of scholarly articles in the field
• Artistic exhibitions or showcases
• Performance in a leading or cultural role for organizations or establishments that have a distinguished reputation
• High salary or remuneration in relation to others in the field
• Commercial success in the performing arts

No labor certification from the Department of Labor is required for the EB-1B category.

EB-1B

This category is for outstanding researchers and professors. In general, the researcher or professor must be recognized as outstanding in a specific academic area. They should stand apart in the academic community through eminence and distinction based on international recognition. Additionally, the applicant must have at least three years of experience in teaching or research in the academic area, and must be seeking entry to the U.S. to assume:

• a tenured (or tenure track) teaching position within a university or institution of higher education,
• a comparable position at a university or institute of higher education to conduct research, or
• a comparable position to conduct research with a private employer if it employs at least three full-time researchers and the department, division, or institution has achieved documented accomplishments in an academic field.

Evidence that the professor or researcher is internationally recognized as outstanding in the field must include at least two of the following:

• Receipt of major prizes or awards for outstanding achievement
• Membership in an association which requires outstanding achievement
• Published material in professional publications written by others about the applicant’s work
• Evidence of the person’s participation as a judge of the work of others
• Evidence of original scientific research
• Authorship of scholarly books or articles in the field

While no labor certification from the Department of Labor is required for the EB-1B category, an offer of employment in the form of a letter is required from the sponsoring employer. The employer must also demonstrate the ability to pay the EB-1B applicant.

EB-1C

This category is for multinational executives and managers. In general, the applicant must have been employed abroad for one year in the last three years by a firm, corporation, or other legal entity (or an affiliate or subsidiary thereof) in a managerial or executive capacity, and must be seeking to enter the United States to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive in nature.

Notably, the “one year in the last three” requirement can be met even if the person has been in the U.S. for more than three years. He or she must be working for the same employer, affiliate, or subsidiary in the U.S. and must have been employed by the company abroad in a managerial or executive capacity for at least one year of the three years preceding entry into the U.S. in nonimmigrant status (ex: in L status).

Finally, it must be shown that the prospective United States employer has been doing business for at least one year.

No labor certification is required for this classification; however, the prospective employer in the U.S. must furnish a job offer in the form of a statement which indicates that the alien is to be employed in the U.S. in a managerial or executive capacity. Such letter must clearly describe the duties to be performed by the alien.