EB-1 Visa

For a more permanent stay in the United States, we offer experienced legal representation in filing employment based immigrant petitions. Each employment based visa application is unique and requires significant attention to detail and professional preparation. Our law firm has experience with employment based visa applications. During your consultation we will discuss the facts of your case and provide an assessment of your application. We strive to get it right the first time and we will do our best to facilitate the approval of your application. We are proactive in the application process and we communicate with immigration officials as required.

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Employment based First preference category eligible individuals are those who have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

Extraordinary Ability EB1-1

For the EB1-1 preference category, neither labor certification document, nor employment offer is required and thus the foreign national may petition on his own behalf by filing the I-140 Petition for Alien Worker.  

Just like the O-1 nonimmigrant visa, The EB1-1 category is reserved for foreign individuals who have risen to the very top of their field. However, according to the Administrative Appeals Office (AAO), the INA sets a more restrictive standard for the immigrant petitions than it does for analogous non-immigrant petitions. While the classification requirements are similar to those for O-1 non-immigrant visa, the grant of O-1 status does not guarantee that the EB1-1 immigrant petition will be approved.  A foreign national petitioning under the EB1-1 category must show that (s)he has extraordinary ability in a particular field in the sciences, arts, education, business, or athletics. Further, (s)he must seek to enter the United States to continue to work in his/her area of extraordinary ability; and, granting the foreign national entry will substantially benefit the United States. The petitioner may qualify as a person of extraordinary ability based on a one-time achievement of a major, internationally recognized prize or by meeting at least three (3) of the following ten (10) criteria:

  • Evidence of receipt of lesser  nationally or internationally recognized prizes or awards for excellence in the field of endeavor
  • 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 art

In 2010, by adopting the Kazarian v. USCIS decision,  USCIS has implemented a new two-step adjudicative process. First, the USCIS adjudicator determines whether the required number of categories is met. If the required number of categories has been satisfied, the adjudicator then moves to a final merits determination. During this step, the adjudicator evaluates the overall quality of all evidence submitted and whether the evidence as a whole shows that the beneficiary satisfies the definition of extraordinary ability.

Outstanding Professors & Researchers EB1-2 category

A U.S. employer may file an immigrant petition on behalf of a foreign national who is an outstanding professor or researcher. To meet the definition of “outstanding”, the foreign national must achieve international recognition for outstanding achievements in a particular academic field. Further, in order to qualify for the EB1-2 category, the individual must have at least 3 years of experience either teaching or conducting research in said academic field. Unlike the EB1-1, the EB1-2 category requires that the beneficiary has a qualifying employment offer from a U.S. employer who is either a university, some other institution of higher education, or a private employer.

To show that the individual has reached international recognition, (s)he must include documentation that will satisfy at least two of the following regulatory criteria:

  • 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 alien’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

Multinational Manager or Executive EB1-3 category

This category of immigrant visa is most similar to the L-1 nonimmigrant visa category. However, a prior grant of L-1A status does not automatically warrant an approval of EB1-3 immigrant petition.

A U.S. employer may file an IV petition for a foreign national if the following requirements are met:

  • Qualifying corporate relationship
  • Your U.S. employer has been actively conducting business for at least one (1) year
  • Qualifying full-time employment abroad for one continuous year
  • Permanent full-time offer by a U.S. employer in a managerial or executive position
  • U.S. company able to pay proffered wage