EB-1 Visas are employment based visas that are commonly known as “first preference visas.” These visas apply to workers that have extraordinary ability, are outstanding professors or researchers, or are multinational executives or managers. Exceptional workers in these positions receive high priority for obtaining permanent resident green card visa.
Types Of EB-1 Visas
There are three different types of EB-1 Visas:
- EB-1A Visa grants entry to those who have extraordinary ability in sciences, arts, education, business or athletics
- EB-1B Visa grants entry to outstanding professors and researchers
- EB-1C Visa allows for entry by multinational managers or executives
The EB-1 sets high standards, with each category requiring the applicant to meet the listed criteria of having an accomplished career in their field.
The employer’s role differs depending on the type of EB-1 Visa an applicant wishes to obtain. The EB-1A and EB -1B Visa can be petitioned for individually, however the EB-1B Visa petition must include a job offer from a U.S. employer. An EB-1C Visa requires an employer to petition on behalf of the applicant.
Obtaining a Green Card
It is much easier for a priority worker to obtain a U.S. green card than it is for employees in other employment-based categories. This is because the U.S. employer does not need to actively recruit a foreign worker for a job in the U.S. For non-priority workers wishing to obtain a worker visa, the U.S. employer must petition for the potential employee on their behalf and then hope to obtain a labor certification. This process normally is a long and complex. A priority worker can take advantage of immigration law that works in their favor towards obtaining permanent resident Green Card status.
Immigration law does not, in fact require individuals of extraordinary ability to receive an offer of employment from a U.S. employer to obtain a green card. The subcategory for the priority worker ensures that gifted individuals can bring their talents to the U.S. without many impediments barring them from easy entry.