EB-1 Green Card
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.
Frequently Asked Questions
What is the process for sponsoring an employee for a green card?
Sponsoring an employee for permanent residency typically involves multiple steps, including obtaining a labor certification through the PERM process, filing an immigrant petition, and ensuring the availability of a visa number. The process involves strict documentation and adherence to deadlines to avoid setbacks.
What documentation is required to prove an applicant's educational qualifications?
You must provide official academic transcripts, diplomas, and, for foreign degrees, a credential evaluation establishing U.S. equivalency. In some cases, experience letters may be needed to demonstrate that your background meets the specific requirements of the employment category.
What responsibilities do employers have regarding the prevailing wage?
For many employment visa programs, employers must obtain a Prevailing Wage Determination (PWD) from the Department of Labor to demonstrate that hiring a foreign national will not negatively affect the wages of U.S. workers. The employer is required to pay at least the prevailing wage for the intended occupation in the proposed area of employment.
Can family members join me in the United States if my employment-based petition is approved?
Yes, spouses and unmarried children under the age of 21 generally qualify as derivative beneficiaries. They may apply for immigrant visas alongside the primary applicant.
What are the risks of employer non-compliance with employment-based immigration rules?
Non-compliance can lead to consequences that include fines, penalties, and even suspension from federal contracts. Employers found to have violated immigration laws can also face audits and damage to their reputation. Proper documentation, timely renewals, and transparency in the hiring process are key to mitigating these risks.
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Vikash
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Karan
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Rajani
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Ashok
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I have utilized the professional services of Mr. Singh on various types of matters, including employment-based and immigration compliance. He has always provided prompt and thoughtful solutions to unique issues/scenarios. I personally found his legal advice to be very resourceful when dealing with a DOL’s Wage and Hour Division (WHD) Audit. I highly recommend...
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Jaradat
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RVerma
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MOHAL
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anonymous
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Mary
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anonymous
Effective and Efficient Service! Through check of the documents, prompt response and available for discussion.
Vijaya
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Pranav
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Shivani
ABSOLUTELY THE BEST. I’d give him 500 stars if I could. This is a long post but I think it’s critical to explain why the 500 stars. Background: My H1 was expiring in Nov 2022 and my wife’s in Sept 2022. I also received my I-140 in EB-2 category Aug 2021. My company filed...
Abhi
I been working with Rabindra through last few years on various immigration stages and h1-b processes. He was amazing, responding to my emails same day ALWAYS.I want to take this moment to give an excellent rating. I am very satisfied with your work. thanks!!
Venkat
Mr. Rabindra is a very nice person to work with and always provides the right solution at the right time. Recently, I was facing a stressful situation with the immigration regarding my H4 extension and he suggested an idea which was a game changer. His idea helped me get back my visa and continue...
AISHWARYA
An amazing lawyer he is, really dedicated to his work. I had only few days left to renew my H-1B visa and he helped me renew it so quickly. He is super understanding and helpful seriously I highly recommend him! So thankful to have the opportunity to have such a wonderful lawyer.
Biji
I retained Mr. Singh to assist me in obtaining a Green Card. Mr. Singh’s knowledge and attention to detail helped us get thru the paper process without any problems. I was able to have everything completed in 10 months. Mr. Singh was very accessible and responded quickly to all my inquiries. I would highly...
George
I had met him on a couple of occasions as I needed some advice. He was kind and patient. He was attentive to what I had to say and gave me very good directions. I would definitely recommend him.
anonymous
I worked with Rabindra for preparing my RFE response. Throughout the process he has been really professional and detail oriented. He is super helpful, accessible and responded quickly to all my questions . His understanding about the subject matter was extremely thorough and professional. It was really a nice experience working with him. He...
Simran
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Sreedevi
He is an outstanding, friendly, caring, listens, truthful, honest, responsive immigration attorney.I had met him on a couple of occasions as I needed some advice. He was kind and patient. He was attentive to what I had to say and gave me very good directions. Mr Rabi Singh is an excellent immigration attorney. He...
anonymous
We had a great experience with Mr Rabindra Singh. He was very patient and answered all of our questions and in the end helped us get the result we wanted. In my case we had to file for Nunc pro for H4. He gave the confident and prepared the petition. It got appoved. So...
Soorya
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Kalpana
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anonymous
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anonymous
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anonymous
I worked with Rabindra to file our adjustment of status for an approved NIW case. He was so accurate when filling out the forms and collecting documents and it is why our case got approved without any REF. His price was so reasonable for the work done comparing to the others. Thank you Rabindra!
anonymous
Rabindra Singh (HSD immigration) and his team assisted very professionally, patiently with the National Visa Center (NVC) processing and Employment-Based Immigrant Visa processing at the U.S. Consulate in Mumbai, India. For sure, I will refer my friends and family who need any immigration assistance since Rabi and his team gave exceptional service to me....
Ravinder n