EB-1 GREEN CARD
Employers may bypass the PERM labor certification process if their foreign national employee can qualify in one of the first preference, employment-based immigrant visa categories.
The EB-1 preference category is divided into three distinct subcategories, each with its own eligibility criteria:
- EB-1A (Extraordinary Ability): This category is designated for individuals who can demonstrate extraordinary ability in fields such as the sciences, arts, education, business, or athletics. Applicants must show sustained national or international acclaim and provide evidence such as major internationally recognized prizes, published material in professional or major trade publications, or membership in associations that demand outstanding achievement. Notably, the EB-1A allows for self-petition, meaning a job offer is not required, and applicants can apply independently by showcasing evidence of their exceptional ability and international recognition.
- EB-1B (Outstanding Professors and Researchers): Targeted at outstanding professors and researchers, this subcategory requires international recognition for outstanding achievements in a particular academic field. Applicants must have at least three years of experience in teaching or research and must be entering the U.S. for a tenure track teaching or comparable research position. Evidence may include major prizes, membership in distinguished organizations, or participation as a judge in the same or allied academic field. A job offer from a U.S. employer is required, and the employer must demonstrate documented accomplishments in the academic field.
- EB-1C (Multinational Executives or Managers): This subcategory is for multinational executives or managers who have been employed abroad for at least one year in a managerial or executive position and are being transferred to a U.S. employer that is the same company, an affiliate, or a subsidiary. Applicants must demonstrate managerial or executive capacity both abroad and in the U.S., and a job offer is required. The U.S. employer must provide supporting documentation, such as a federal income tax return or audited financial statement, to establish its ability to employ the applicant.
To apply for an EB-1 green card, applicants must submit Form I-140, Petition for Alien Worker, along with extensive documentation that meets the eligibility criteria for their specific subcategory. The EB-1 green card offers significant advantages, including the ability to bypass the labor certification process, faster processing times, and the opportunity to obtain lawful permanent residence for both the applicant and eligible family members.
Given the high standards and demand for outstanding achievement evidence, international acclaim, and documented accomplishments, it is crucial for applicants to carefully review the eligibility criteria and gather comprehensive supporting materials. Consulting with an experienced immigration attorney can help ensure that the petition is as strong as possible and meets all requirements under U.S. immigration law.
Persons of Extraordinary Ability (a/k/a EB-1-1, EB-11, or EB-1A)
The immigrant category for foreign nationals of extraordinary ability is similar to the “O” nonimmigrant visa category. However, the approval of an O-1 petition does not compel USCIS to approve an EB-1 petition and that the standard is higher for EB-1.
The foreign national must have sustained national or international acclaim in the sciences, arts, education, business or athletics. Additionally, the foreign national must seek to enter the United States to continue working in the area of extraordinary ability, and his or her entry must “substantially benefit prospectively” the United States.
Although the beneficiary must intend to pursue work in the U.S. in the area of expertise, no specific offer of employment is required. An approved petition filed by a prospective employer remains valid even if the beneficiary does not work for the employer, as long as the beneficiary demonstrates plans to continue his or her work in the area of expertise. Form I-485 Supplement J not required but USCIS may inquire whether such applicants are continuing to work in the area or field that forms the basis of their immigrant visa eligibility.
The foreign national’s extraordinary ability and achievements must be extensively documented, and must indicate that he or she is one of a small percentage who have risen to the top of a field of endeavor.
Foreign national must meet 3 of 10 criteria below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal, or other major internationally recognized award): (i) evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence; (ii) membership in an association which requires outstanding achievement as judged by recognized national or international experts; (iii) evidence of published material in professional publications written by others about the person’s work; (iv) participation as a judge of the work of others; (v) original scientific research, scholastic, artistic, or business-related contributions of major significance; (vi) authorship of scholarly books or articles in the field; (vii) artistic exhibitions or showcases; (viii) performance in a leading or cultural role for organizations or establishments that have a distinguished reputation; (ix) high salary or remuneration in relation to others in the field; or (x) commercial success in the performing arts. If the standard forms of evidence for these criteria are not available, applicants may submit comparable evidence to demonstrate their extraordinary ability.
Outstanding Professors or Researchers (a/k/a EB-1-2, EB-12, or EB-1B)
The requirements for qualification as an outstanding professor or researcher are slightly less rigorous than those for qualification as an alien of extraordinary ability.
Outstanding professors are those who are internationally recognized in a specific academic area, and who have at least 3 years of teaching or research experience in that area. Applicants must demonstrate international recognition for their achievements in their academic field. Additionally, the person must seek entry to the United States to accept a tenure or tenure track position, or to conduct research at a university or private employer for an indefinite period.
Private employers must employ at least three individuals in full-time research activities, and must have achieved documented accomplishments in an academic field. Additionally, the person must provide evidence of at least 2 of the following: (i) receipt of major prizes or awards for outstanding achievement; (ii) membership in an association which requires outstanding achievement; (iii) published material in professional publications written by others about the person’s work; (iv) evidence of original scientific research; (v) evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field; or (vi) authorship of scholarly books or articles in the field.
Certain Multinational Managers and Executives (a/k/a EB-1-3, EB-13, or EB-1C)
The immigrant category for certain multinational executive or manager positions is comparable to the “L-1A” nonimmigrant visa classification. The beneficiary must have been employed outside of the United States (i) for at least one continuous year during the three-year period prior to being transferred to the United States, (ii) in an executive or managerial capacity, (iii) by a firm, corporation or other legal entity, or an affiliate or subsidiary thereof as a multinational executive. Additionally, the beneficiary must be seeking entry to the United States in order to work for the same employer (or its affiliate or subsidiary) in a managerial or executive capacity. There must be a qualifying relationship between the U.S. employer and the foreign employer, such as a parent, affiliate, or subsidiary, to meet EB-1C eligibility. The prospective U.S. employer must also have been doing business for at least one year.
The “one-of-three-year requirement” can still be satisfied if the individual has been in the U.S. for more than three years, provided they have been employed by the same employer, its affiliate, or subsidiary in the U.S., and were employed abroad by the company for at least one of the three years immediately preceding their entry on a nonimmigrant visa.
First-line supervisors are not considered managers unless the employees they supervise are professionals. Even if the employees are professionals, the position held by the foreign national must be primarily managerial.
