EB-1 is the first preference category to obtain a green card. The EB-1 category is divided into 3 different occupational categories, each having their own requirements. The 3 categories are: EB-1A Persons of Extraordinary Ability; EB-1B Outstanding Professors and Researchers; and EB-1C Multinational Executives and Managers.
EB-1A Extraordinary Ability
The EB-1A visa is for applicants that are considered to have an extraordinary ability in the sciences, arts, business, or athletics and is demonstrated by sustained national or international acclaim. This visa is usually reserved for those that are considered to be at the top of their respective fields. Eligibility for the EB-1A visa can be met in one of the following two ways:
Provide evidence of a one-time achievement like a major international award.
Provide evidence that the applicant can demonstrate meeting at least three of the Examples of such achievements are a Pulitzer, Nobel Prize, Oscar, Olympic Medal, etc.; OR meet 3 out of the 10 criteria below:
Evidence of receipt of lesser nationally or internationally recognized prizes 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 publications or other major media;
Evidence that you have been asked to judge the work of others, individually or a panel;
Evidence of your original scientific, scholarly, artistic, 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 to others in the field;
Evidence of your commercial successes in the performing arts.
EB-1B Outstanding Professors and Researchers
An applicant for EB-1B must demonstrate they have had international recognition for their outstanding achievements in their particular academic field. The applicant must have at least 3 years of experience teaching or in research in their particular field and have a job offer from an U.S. employer to pursue a tenured, tenured track teaching position or a comparable research position. The applicant must further provide documentation showing that they meet at least 2 of the following 6 criteria:
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 applicant’s work in the academic field
Evidence of participate, 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
EB-1C Multinational Executives and Managers
An applicant for EB-1C must be sponsored by a employed by a U.S. employer and must have been employed abroad by the same US employer or an affiliate, or subsidiary of the US employer for at least 1 year within the 3 year preceding the filing of the petition. The applicant’s position while working abroad must have been in a managerial or executive capacity.
Obtaining an EB-1 Visa
A benefit of filing under any of the EB-1 preference categories is that your employer is not required to go through the PERM Labor Certification process to test the U.S. labor market, and can file the I-140 petition at the start, which allows for obtaining the green card faster. The I-140 petitions for EB-1B and EB-1C must still be sponsored by the employer, however the applicants’ themselves can self-petition if filing under EB-1A.