The EB1 Visa
The EB1 visa is available to nonimmigrant individuals who wish to come to the United States to work. It is an employment-based, first preference visa offered to noncitizens of extraordinary ability, or are an outstanding professor or researcher, or are a certain multinational executive or manager.
To qualify for an EB1 visa on the basis of extraordinary ability, an applicant must meet 3 of the following 10 criteria, or provide evidence of a one-time achievement (i.e. Pulitzer, Oscar, Olympic Medal):
- Recipient of an internationally recognized prize or award for excellence;
- Membership in an association in the field which demand outstanding achievement of their members;
- Published material about you in a professional or major trade publication or other major media;
- Evidence that you have been asked to judge the work of others, either individually or on a panel;
- Authorship of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
- Authorship of scholarly articles in professional or major trade publications or other major media;
- Work that has been displayed at artistic exhibitions or showcases;
- Performance in a critical or leading role in distinguished organizations;
- A high salary or compensation in the field compared to others in that field;
- Commercial success in the performing arts.
To qualify for an EB1 visa on the basis of being an outstanding professor or researcher, an applicant must meet 2 of the following 6 criteria:
- Receipt of major prizes or awards for outstanding achievement;
- Membership in associations that require their members to demonstrate outstanding achievement,
- Published material in professional publications written by others about the noncitizen’s work in the academic field;
- Participation as a judge of the work of others in the same or allied academic field;
- Original scientific or scholarly research contributions in the field;
- Authorship of scholarly books or articles in the field.
In addition, the private employer must show document accomplishments and that it employs at least 3 full-time researchers.
To qualify for an EB1 visa on the basis of being a multinational manager or executive, an applicant must intend to work for a U.S. employer in a managerial or executive capacity. The applicant must have been doing business in the U.S. for at least 1 year.
How to Apply for an EB1 Visa
If you meet the requirements for an EB1 visa, here are the steps you need to complete for approval:
- Fill out a Form G-28. This form entitles your attorney or accredited representative to act on your behalf,
- Fill out an I-140 Petition for Alien Worker form,
- Documentation that you are eligible to apply for a visa,
- Information about the business you intend to work with or for (name, location, type of business, business owner, etc.),
- U.S. Company Support Statement. This document is supplied by the U.S. employer and explains why your services are necessary for the business,
- Evidence that you plan to leave the United States after your EB1 visa expires or is terminated.
If you are outside the United States, you should apply for your EB1 visa at a consulate or embassy. It is recommended to work with a qualified immigration attorney to ensure your documents are filed correctly and expeditiously.
An E1 visa comes with certain benefits, including:
- You can work legally in the United States,
- You can freely travel in the United States,
- The EB1 can be renewed indefinitely in two-year increments,
- Your immediate family (spouse and/or unmarried children under 21 years of age) can also qualify for an EB1 visa. While in the United States, your children can go to school and your spouse can apply for an EAD, employment authorization document, giving them permission to work legally in the United States.