What is an Employment-Based, First-Preference Visa?
Employment-Based, First Preference (“EB-1”) Visas allows qualified multinational Executives and Managers and people with above-average abilities in various fields in order to gain legal, permanent residence in the United States without having to secure a labor permit. Fields eligible for EB-1s are categorized into three groups.
Three Categories of Eligibility Criteria for EB-1 Visa Status
- Extraordinary Ability – Applicants must be able to demonstrate extraordinary ability in the fields of science, art, education, business, or athletics through sustained national or international acclaim or proof of a one-time achievement, such as a Pulitzer, Oscar, Olympic Medal, as well as proof that the applicant will be continuing to work in the area of for which they gained the achievement. Extraordinary ability is evidenced by an applicant’s having met at least 3/10 of the following criteria:
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence;
- Evidence of applicant’s membership in associations in fields which demand outstanding achievement of their members;
- Evidence of published material about the applicant in professional or major trade publications or other major media;
- Evidence that the applicant has been asked to judge the work of others in the same field, either individually or on a panel;
- Evidence of applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of great significance to the applicant’s field;
- Evidence of applicant’s having authored scholarly articles in professional or major trade publications or other major media;
- Evidence that the applicant’s work has been displayed at artistic exhibitions or showcases;
- Evidence of applicant’s performance of a leading or critical role in distinguished organizations;
- Evidence that the applicant earns a significantly higher salary or recompense in relation to others in the same field;
- Evidence of applicant’s commercial successes in the performing arts.
- Outstanding Professors and Researchers – Applicants who fall under this category must prove international recognition for their outstanding achievements in their particular academic field and have at least 3 years of experience in teaching or research in that academic area. The applicant must be entering the United States to pursue tenure, tenure track teaching, or a lateral research position at a university, institution of higher education, or private employer. Applicants must provide an offer of employment from their prospective U.S. employer* and evidence of their outstanding achievement in their academic field by having met at least 2/6 criteria listed below:
- Evidence of receipt of major prizes or awards for outstanding achievement in applicant’s field;
- Evidence of applicant’s membership in an association that requires their members to demonstrate outstanding achievement;
- Evidence of published material in a professional publication written by others about the applicant’s work in the academic field;
- Evidence of applicant’s 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 from applicant in their academic field of expertise;
- Evidence of applicant having authored scholarly books or articles published in scholarly journals with international circulation in their academic field of expertise.
*A private employer must show documented accomplishments and that it employs at least 3 full-time researchers.
- Certain Multinational Manager or Executive – Applicants who wish to apply for EB-1 status as a multinational manager or executive must have been employed outside of the United States for at least 1 year in the time period 3 years prior to applying for EB-1 status or the most recent lawful nonimmigrant admission if the applicant is already working for the U.S. employer petitioning. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity for whom the applicant worked outside the U.S., and intend to employ the applicant in a managerial or executive capacity.
Application Process Overview
- Extraordinary Ability Applicants – Applicants may apply by completing and filing a Form I-140, Petition for Alien Worker.
- Outstanding Professors and Researcher Applicants – This applicant’s U.S. employer must file a Form I-140, Petition for Alien Worker. As part of this application process, the applicant’s employer must be able to demonstrate ability to continue paying the offered wage as of the priority date by submitting an annual report, federal income tax return, or audited financial statement.
- Multinational Manager or Executive – The applicant’s U.S. employer must file USCIS Form I-140, Petition for Alien Worker and demonstrate the ability to continually pay the offered wage as of the priority date by presenting an annual report, federal income tax return, or audited financial statement.
Spouses + Family Eligibility
The approved EB-1 Visa holder’s spouse and unmarried children under the age of 21 may also be eligible to apply for admission to the United States with E-14 or E-15 immigrant status, respectively.
Why Peek & Toland?
Our firm has vast knowledge and experience with EB-1 visa requirements, and we can help you prepare your documents that demonstrate your eligibility absolutely. Don’t risk pitfalls or pointless delays.
The legal team at Peek & Toland consists of hard-working, dedicated professionals who have been practicing for many years in immigration law. We have experienced attorneys who are well-versed in the specific procedures in multiple embassies and consulates around the globe, and can assist you in starting your trade relations with the U.S. right away.
Call us today so you can get started on your trade enterprise at (512) 474-4445.