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EB-1 Visa

Employment-Based Immigration: First
Preference EB-1

You may be eligible for an employment-based, first preference visa if you are a noncitizen of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager.

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Who is eligible to Apply?

Categories Description Evidence
Extraordinary Ability
  • Extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim, and whose achievements have been recognized in the field through extensive documentation.
  • You must meet at least 3 of the 10 criteria in subsequent slides
  • Provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
  • Evidence showing that you will be continuing to work in the area of your expertise.
  • No labor certification is required.
Outstanding professors and researchers
  • International recognition for your outstanding achievements in a particular academic field.
  • You must have at least 3 years of experience in teaching or research in that academic area.
  • You must be entering the United States to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer.
  • At least 2 of the 6 criteria listed in subsequent slides
  • Provide an offer of  employment from the prospective U.S. employer. The private employer must show documented accomplishments and that it employs at least 3 full-time researchers.
  • No labor certification is required.
Multinational manager or executive
  • Employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful non-immigrant admission if you are already working for the U.S. petitioning employer.
  • The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity.

  • The petitioner must have been doing business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capacity.

    No labor certification is required.

Criteria: Extraordinary Ability

Evidence of a one-time achievement (major internationally-recognized award)

OR (3 of the 10 listed criteria below)

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Membership in associations in the field which demand outstanding achievement of their members
  • 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
  • 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

Eligibility for Extraordinary Ability Classification

Sustained National or International Acclaim Continuing to Work in the Area of Expertise Entry to Substantially Benefit the United States
If a person was recognized for a particular achievement, Petitioner must continue to maintain a comparable level of acclaim in the field of expertise since the person was originally afforded that recognition.
The beneficiary must intend to continue to work in the area of his or her expertise
The petitioner’s entry must substantially benefit the United States in the future

Criteria:
Outstanding Professor or Researcher

Evidence of 2 of the 6 listed criteria below (or comparable evidence if any of the criteria do not readily apply)

  • 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 noncitizen’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
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