You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager.
- Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers, so long as they are entering the U.S. to continue work in the fields in which they have extraordinary ability.
- Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education.
- Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity.
Criteria for Demonstrating Extraordinary Ability (EB1)
In order to demonstrate you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise, you must either include evidence of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):
- ✓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
Examples of Documentary Evidence That A Person is an Outstanding Professor Or Researcher
In order to demonstrate you are an outstanding professor or researcher, you must include 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 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
How to Apply for the EB-1 Visa ?
Those individuals applying under the subcategory Extraordinary Ability may apply for themselves by filing Form I-140 (Petition for Alien Worker).
Those individuals applying under the subcategory Outstanding Professors and Researchers, as well as Multinational Manager or Executive must have their U.S. employer file Form I-140 (Petition for Alien Worker). As part of the application process, the employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. The employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
Family of EB-1 Visa Holders
- ✓ If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.
Let Us Help!
With our highly qualified staff and attorneys, MC Law Group is prepared to answer any questions regarding the EB-1 visa and assist you as necessary. Please call or email us to set up a consultation and get started today!