An Overview of EB-1 Visas 

The EB-1 visa is one of the most prestigious immigrant visas for individuals seeking to immigrate to the United States. Persons with extraordinary abilities, distinguished academics and researchers, or senior executives of multinational companies can obtain permanent residence and the right to work in the U.S. under the EB-1 category. Offering a more advantageous process compared to other visa types, the EB-1 stands out due to features like not requiring a job offer and faster processing times, even though it is employment-based. In this article, we will explore the eligibility criteria and application process for the EB-1 visa.

What is the EB-1 Visa?

U.S. laws have simplified the process of obtaining a green card for certain business professionals, professors, researchers, and individuals with exceptional abilities. These individuals are defined as “priority workers.” Those in this category are not required to obtain a labor certification showing that there are no suitable, willing, and qualified U.S. workers available for the position they are applying for. This makes obtaining permanent residence in the U.S. faster and easier.

The EB-1, or Employment-Based First Preference Visa, is suitable for individuals with extraordinary abilities, distinguished professors and researchers in their field, or managers and executives working for multinational companies who wish to live and work in the U.S. EB-1 visa holders, their spouses, and children can later apply for a green card. Every year, a quota of 40,000 EB-1 visas is set. The EB-1 is divided into three categories: EB-1A, EB-1B, and EB-1C.

• The EB-1A visa is for individuals with extraordinary ability in fields such as science, arts, education, sports, or business.
• The EB-1B visa is for outstanding professors and researchers with international recognition in their fields.
• The EB-1C visa is for individuals who have worked in managerial or executive positions in multinational companies for at least one year within the last three years.

Advantages of the EB-1 Visa

• As an immigrant visa, it grants the right to apply for a Green Card, i.e., permanent residence.
• You can work and travel freely in the United States.
• Your spouse and dependent children can also benefit from the advantages of this visa through you.
• There is no need to obtain a labor certification (PERM).
• Some categories do not require a job offer from a U.S. employer.
• You can apply for this visa without a sponsor or a lottery.
• The application process is fast and practical compared to other visa types.
• Premium processing is available.

In conclusion, the EB-1 visa, granted only to priority workers, brings many advantages. As long as you meet the requirements, both you and your family can benefit from the opportunities provided by this visa.

EB-1A Visa

The EB-1A visa is designated for individuals who have demonstrated extraordinary ability in the fields of science, arts, sports, business, or education. It requires the individual to have achieved national or international recognition in these fields. Unlike the EB-1B and EB-1C visas, applicants for the EB-1A visa do not need a job offer. However, they must demonstrate that they are entering the U.S. to continue working in their field and that their work will benefit the country. Typically, the evidence presented to show that the individual will continue working in their field is also sufficient to prove that their presence will benefit the country.

Eligibility for this visa is based on meeting at least three of the following criteria:

1-National or international awards or achievements.

Examples of evidence:

• Awards from well-known local institutions
• Awards for a doctoral thesis
• Specific awards for presentations at nationally or internationally recognized conferences

2-Membership in associations that only accept individuals with outstanding achievements.

Examples of evidence:

• Membership in certain professional associations
• Affiliation with specific organizations or institutions

3-Your work and achievements have been published in the media.

Examples of evidence:

• Printed publications about the individual and their work (newspaper articles, popular and academic journal articles, textbooks, etc.)
• Online publications about the individual and their work
• Transcripts of audio or video broadcasts about the individual and their work

4-You have served as a judge or referee in your field.

Examples of evidence:

• Peer or referee evaluations for an academic publication (with evidence from the publication showing that the individual was invited and that the evaluation was completed)
• Reviews of abstracts or papers submitted for presentation at academic conferences in the field
• Serving as a jury member for a doctoral thesis
• Acting as a reviewer for government research funding programs

5-You have made significant contributions to your field through original scientific, academic, artistic, athletic, or business-related work.

Examples of evidence:

• Publications discussing the importance of the individual's original work
• Reference letters, statements, and sworn affidavits about the individual's original work
• Citations of the individual's work
• Evidence of patents, licenses, or commercial use of the individual's work

6-Published articles and academic work.

Examples of evidence:

• Articles published in peer-reviewed journals related to the field of expertise
• Presentations published in nationally or internationally recognized conferences

7- If you are an artist, evidence of your work being exhibited or displayed in showcases or galleries.

8-Evidence of playing a leading or critical role in a distinguished organization.

Examples of evidence:

• Senior faculty member or researcher in a prestigious academic department or program
• Senior researcher in a non-academic institution or company
• Principal investigator or key figure in an academic research project or government-supported institution
• Serving on an important committee in a reputable organization
• Founding or co-founding a well-known startup company
• Holding a leadership or critical role in an important division of a company or institution, supported by documentation from the organization's management
  
  

9-Earning an income higher than the industry average.

Examples of evidence:

• Tax returns, pay stubs, or other evidence of previous salaries or payments for services
• Contracts, offer letters, or other evidence of future salaries or payments for services
• Salary comparison data for the individual's field of work, adjusted for geographic region or position

10-Evidence of success in performing arts.

If an individual is recognized for a particular achievement, it must be evaluated whether they have maintained similar recognition in their field since the time of the initial recognition. For example, someone who once gained national or international recognition but has not maintained it afterward does not meet this criterion.

To qualify as an individual of extraordinary ability, the applicant must plan to continue working in their field of expertise. Generally, the applicant's petition should demonstrate that:

• They have achieved recognition at the national or international level, and
• Their achievements are recognized in their field of expertise.

The individual can prove they are recognized on a national or international level either through a one-time achievement (such as a Nobel Prize or another highly prestigious award) or by meeting at least three of the criteria listed above. The supporting evidence must be sufficient to show that the applicant is among "the top small percentage of individuals in their field."

EB-1B Visa

The EB-1B visa is intended for outstanding professors and researchers in their fields. Eligibility for this visa depends on excelling in the field, having international recognition, and being considered distinguished. Under these criteria, the term "field" is defined as "a specialized field of knowledge offered for study at an accredited university or institution of higher education in the U.S." The applicant must demonstrate that the field is not simply one subject or a narrow area of specialization, but rather a broader area of knowledge that is extensively studied. Therefore, proving that the applicant is distinguished in a specific field like particle physics may be easier than proving distinction in a broader field like physics. However, it is important to note that this specific field must be an area of knowledge taught academically in the U.S. This standard is lower than the "extraordinary ability" standard required for the EB-1A visa.

To apply for this visa, the applicant needs a job offer from a U.S. employer and at least three years of teaching or research experience. However, there is no need to obtain a labor certification (PERM) proving that no U.S. worker is available for the same job. The offered position must be tenured or capable of leading to a tenured role for a professor or researcher. Since research positions at U.S. research universities are typically not tenured, the criterion for research positions is that the offer must be for a position of indefinite duration. The job offer must be submitted in writing to USCIS, and the employer must demonstrate the financial ability to pay the applicant's salary.

To prove that you are an outstanding professor or researcher, you must provide evidence of at least two of the following six criteria (or similar evidence if these criteria do not directly apply):

1-Evidence of significant awards received for outstanding achievements.

Examples of evidence:

• • Awards from recognized national institutions or professional associations
  • Doctoral thesis awards
  • Specific awards for presentations at nationally or internationally recognized conferences
    
    

2- Membership in associations that only accept individuals with outstanding achievements.

Examples of evidence:

• Membership in specific professional associations
• Connections to certain organizations or institutions

3-Publications about the applicant's academic work written by others in professional journals.

Examples of evidence:

• Printed publications about the individual and their work (newspaper articles, popular and academic journal articles, textbooks, etc.)
• Online publications about the individual and their work
• Transcripts of audio or video broadcasts about the individual and their work

4-Serving as a judge or referee in your field.

Examples of evidence:

• Peer or referee evaluations for an academic publication (with evidence from the publication showing that the individual was invited and that the evaluation was completed)
• Reviews of abstracts or papers submitted for presentation at academic conferences in the field
• Serving as a jury member for a doctoral thesis
• Reviewing research funding proposals for government funding programs

5-Original contributions to the scientific or academic field.

Examples of evidence:

• Publications discussing the importance of the individual's original work
• Reference letters, statements, and sworn affidavits about the individual's original work
• Citations of the individual's work
• Evidence of patents, licenses, or commercial use of the individual's work

6-Published articles or academic papers.

Examples of evidence:

• Articles published in peer-reviewed journals related to the field of expertise
• Presentations published in nationally or internationally recognized conferences

Submitting some of these forms of evidence does not always guarantee eligibility for the visa, as USCIS evaluates the probative value of the submitted evidence. In a memorandum issued in June 1992, it was determined that the following evidence would be sufficient to demonstrate the applicant's distinction as a professor or researcher:

• Presentations evaluated by peer reviewers at academic symposiums
• Peer-reviewed articles published in academic journals
• Testimony from other academics regarding the applicant's contributions to the field
• Citations to the applicant's work in academic articles
• Serving as a peer reviewer for an academic journal

EB-1C Visa

The third group in the priority worker category is for individuals who have worked in a managerial or executive position for the same multinational company abroad. The EB-1C visa is a distinct subcategory, different from the EB-1A and EB-1B visas.

The EB-1C visa allows a foreign company to transfer an executive or manager to a related U.S. company. Foreign nationals seeking to enter the U.S. to open a new office do not meet the multinational executive or manager requirement for this visa.

The petition for this visa is submitted by the U.S. employer offering the job. The job offer must require the applicant to work full-time as an executive or manager in the U.S. One of the key advantages of the EB-1C visa is that the employer is not required to obtain a labor certification. Instead, the U.S. company can directly offer the position to the foreign employee. The company making the job offer must show that the applicant has been employed by a qualified organization outside the U.S. for at least one year in the last three years. The U.S. employer must demonstrate that both the U.S. company and the related foreign organization:

• Maintain a qualifying relationship, and
• Are both actively operating.

To qualify for the EB-1C visa, the following evidence must be provided:

• If the foreign executive/manager is outside the U.S., they must have worked in a managerial or executive position abroad for a firm, corporation, or other legal entity for at least one year in the three years prior to the application.
• If the foreign executive/manager is already in the U.S., they must have worked for the same employer or a subsidiary or affiliate of the company they worked for abroad, in a managerial or executive position for at least one year during the three years prior to entering the U.S.
• The potential U.S. employer must be the same company or a subsidiary/affiliate of the foreign organization where the executive/manager worked.
• The U.S. employer must have been in operation for at least one year.

Why You Should Consult an Attorney for Your EB-1 Visa Application

The EB-1 visa is a special type of visa that allows qualified foreign nationals to obtain permanent residency in the U.S. Given the complex and detailed nature of the application process, consulting an experienced immigration attorney is crucial. Sari Law supports you at every stage of the EB-1 visa application, ensuring that all necessary documents are properly prepared and increasing your chances of success. Our expert team is knowledgeable about the latest laws and practices and is here to provide you with the best strategies tailored to your situation.