EB1 Employment-Based Green Card
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. Each occupational category has certain requirements that must be met.
Who Is Eligible for the EB1 Visa?
Individuals with Extraordinary Ability
Candidates for this category must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. This can be shown through a variety of factors, including:
- Receipt of a major internationally recognized award, such as a Nobel Prize or an Academy Award
- Membership in a professional association that requires outstanding achievement as a prerequisite for membership
- Evidence of published material about you in professional or major trade publications or major media outlets
- Evidence of your original artistic, scientific, athletic, scholarly, or business-related contributions of major significance to the field
- Evidence of your authorship of scholarly articles in professional journals or other major media
- Evidence of your performance in a leading or critical role for organizations or establishments with a distinguished reputation
Foreign nationals seeking permanent residence through the Extraordinary Ability Category may self-petition, which means that the petition does not have to be submitted by an sponsoring employer and no evidence of a job offer is needed.
Outstanding Professors and Researchers
Candidates for this category must demonstrate international recognition for their outstanding achievements in a particular academic field. They must have at least 3 years experience in teaching or research in that academic area, and they must be entering the U.S. in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer. Suitability for this category may be demonstrated by providing documentation including:
- 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
Petitions submitted for the category of Outstanding Professors or Researchers must be submitted by a sponsoring employer offering the foreign national permanent employment.
Multinational Manager or Executive
Candidates for this category must have been employed outside the U.S. for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if already working for the U.S. petitioning employer. The U.S. petitioning employer must have been doing business for at least 1 year, have a qualifying relationship to the entity the foreign national worked for outside the U.S., and intend to employ the foreign national in a managerial or executive capacity.
Petitions submitted for the category of Multinational Manager or Executive must be submitted by the U.S. employer.
How to Apply for the EB1 Visa
To apply for the EB1 visa, an immigrant visa petition has to be filed with USCIS along with extension supporting documentation.
If a visa is currently available for the foreign national’s filing category and nationality, along with the employer’s immigrant petition, we would file an application to adjust status to U.S. permanent resident so that the immigration service can process both simultaneously.
Nationals of certain countries may have to wait for some time after approval of the immigrant petition, if a visa is not immediately available, before being able to file the application to adjust status to US permanent resident.
Upon USCIS’ approval of the adjustment of status application, the employee will be granted permanent resident status (green card).
Begin Your EB1 Application Process
The EB1 green card is an attractive option for certain professionals. If you believe that you meet the eligibility requirements for the EB1 visa, or your company wishes to employ a candidate meeting the qualifications for this category, contact Heckler Law Group today to schedule a consultation.
We will help you understand your options, assess your eligibility, and develop a plan for moving forward. With our proven track record of success and dedication to client satisfaction, you can trust us to provide you with high quality legal representation.