EB-1 visa

EB-1 visa is the first of the five employment-based preference categories under which a foreign worker may obtain permanent residence (green card) in the U.S.

EB-1 visa is applicable to individuals with extraordinary abilities (in arts, sciences, education, business or athletics) as well as outstanding professors, researchers as well as managers and executives being transferred to the U.S.

EB-1 Quick Facts

EB-1 visa requires no labor certification, thereby speeding up the process of obtaining a green card.

Individuals with extraordinary abilities

  • EB-1 visa applicants under this classification may self-petition for permanent residency.
  • Applicants with national and international recognition in their field of work such as the winner of the Nobel Prize or similar awards immediately qualify for this visa.
  • As an alternative, one may also establish extraordinary ability by providing at least three of the following types of evidence:
    1. Proof of receipt of major prizes and awards for outstanding achievement that is in the same class as a Nobel Prize.
    2. Proof of articles published about applicant and his or her work in major publications and other media.
    3. Membership in associations that require outstanding achievements from its members.
    4. Proof that as an individual, or as a part of a team, applicant has judged other people’s work.
    5. Proof that applicant has made original contributions in his or her field.
    6. Proof that applicant has written articles for major publications pertaining to his or her field of work.
    7. Proof that applicant's work has been displayed in major exhibitions and showcase.
    8. Proof that applicant has received the highest salary in his or her field of work as compared to peers.
    9. Proof that applicant has led a critical role in distinguished organizations.
    10. Proof of commercial success in performing arts.

Outstanding professors and researchers

  • EB-1 applicants in this classification must be recognized internationally for achievements in their field of work.
  • Applicants must have at least 3 years of teaching or research experience in their field.
  • EB-1 petition must be filed by a prospective U.S. employer.
  • EB-1 applicants are required to provide at least two of the following types of evidence:
    1. Proof of receipt of major prizes and awards for outstanding achievement.
    2. Proof of articles published about applicant and his or her work in major publications.
    3. Membership in associations that require outstanding achievements from its members.
    4. Proof that as an individual, or as a part of a team, applicant has judged other people’s work.
    5. Proof of scientific or scholarly research contributions in applicant's field.
    6. Proof that applicant has written articles for major publications pertaining to his or her field of work.

Managers and Executives

  • EB-1 applicants in this classification require sponsorship by a U.S. employer.
  • To qualify for this position, one must have worked in a managerial or executive capacity for the company abroad for at least one year out of the past three years preceding the filing of the EB-1 petition.

EB-1 Visa Process

  1. Priority workers with extraordinary abilities may file the petition along with the required documents on their own without a U.S. sponsor.
  2. Outstanding professors, researchers, and multinational executives/managers are required to have the U.S. sponsor file their petitions.
  3. Once the petition is approved, the foreign national is notified and if in the U.S., he or she may file for adjustment of status. If outside the U.S., the individual can attain the immigrant visa at the local U.S. Consulate.
  4. The EB-1 Visa requires the submission of a significant amount of documents. Our firm meets or corresponds with each client at length during the EB-1 preparation process. We thoroughly review and evaluate the EB-1 requirements and each candidate's qualifications to determine the appropriate filing category and success of each case.