EB-1

  EB-1 A : Extraordinary Ability 

  • You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. 

  • Your achievements must be recognized in your field through extensive documentation. 

  • No offer of employment is required.

 

EB-1 B : Outstanding Professors and Researchers

  • You must demonstrate international recognition for your outstanding achievements in a particular academic field. 

  • You must have at least 3 years experience in teaching or research in that academic area. 

  • You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

EB-1 C:Multinational Manager or Executive

  • You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization.

  • Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

Evidentiary Criteria for EB-1A

You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

 

  • 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

Evidentiary Criteria for EB-1B

Examples of Documentary Evidence That A Person is an Outstanding Professor Or Researcher:

  • 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


Evidentiary Criteria for EB-1C

 

  • Your petitioning employer must be a U.S. employer.

 

  • Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

Application Process

  • Extraordinary Ability: You may petition for yourself by filing a Form I-140, Petition for Alien Worker.

 

  • Outstanding Professors and Researchers:    Your employer must file a Form I-140, Petition for Alien Worker.

 

  • Multinational Manager or Executive: Your employer must file USCIS Form I -140, Petition for Alien Worker.

Relevant Article:

The EB-1A Extraordinary Ability Green Card: The Holy Grail of Immigration Categories

Jason Jia

Managing Partner

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