The EB-1 visa is a United States employment-based visa that is commonly known as the “first preference visa”. This category of visas has been made easily available for certain business people, professors and researchers, and people with special talents. These people are called priority workers. In order to qualify for the first-preference visa, you must be able to demonstrate that you have (1) extraordinary ability, (2) are an outstanding professor or researcher, or (3) are a multinational executive or manager. Each occupational category has certain requirements that must be met.
The EB-1 Visa for Individuals of Extraordinary Ability (EB1-A)
In order to obtain an EB-1 visa under this category, you must be able to demonstrate extraordinary ability in the sciences, arts, education, business or athletics through sustained national or international acclaim. This is proven by providing extensive documentation that you are recognized in your field. No offer of employment is required to obtain this visa; however, you must provide evidence that you meet at least 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
Alternatively, you can provide evidence of a one-time achievement, such as winning an Olympic Medal or the Pulitzer.
The EB-1 Visa for Outstanding Researchers and Professors (EB1-B)
To qualify for an EB-1 visa as an outstanding researcher and/or professor, you must demonstrate international recognition for your outstanding achievements in a particular academic field. Furthermore,you must have at least 3 years experience in teaching or research in that academic area. Lastly, 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. Two of the following criteria must be met, and you must also have an offer of employment:
- 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
The EB-1 Visa for Multinational Manager or Executive (EB1-C)
Obtaining an EB-1 priority workers visa as a multinational manager or executive requires that 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. Moreover, 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.