EB-1 Visa

Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills such as those who qualify for the Employment Based Immigrant Visa category. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to work and live permanently in the United States.

You may be eligible for an employment-based, first-preference visa (EB-1) if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

Each EB-1 occupational category has certain requirements that must be met:

EB-1 Visa Eligibility Criteria

Extraordinary Ability:  You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.

You must meet 3 out of 10 criteria or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)

Outstanding professors and researchers: You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. 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

You must submit documentary evidence that you are an outstanding professor or researcher and an offer of employment from the prospective U.S. employer.

Multinational manager or executive: 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. 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.

You must submit documentary evidence that the foreign entity and U.S. entity are qualifying organizations contemporaneously doing business abroad and in the U.S. and evidence of your employment.

Schedule a consultation with one of our immigration attorneys here or call our office at 919.755.0505