US Employment Based Permanent Resident Program Preference (EB-1)

The EB-1a Visa, also known as the Extraordinary Ability green card, is part of the EB-1 Employment-Based set of permanent residency visas. The EB-1 visa is an employment-based green card available to foreign nationals who demonstrate extraordinary ability in their field, whether the art, sciences, education, business, or athletics. All the EB-1 visas are highly desirable and require a strong case to pass the rigors of the United States Citizenship and Immigration Services.

There are three EB-1 visa types for individuals with a high level of achievement in one of three broad areas.

EB-1a visa: Extraordinary Ability green card.

EB-1b visa: Outstanding Professor or Researcher green card.

EB-1c visa: Managers or Executives of multinational companies.

EB-1A visa Definition – Extraordinary Ability green card.

To satisfy the legal criteria for an EB-1A, applicants must present one of two types of evidence: either a one-time, major international award such as a Nobel Prize or Pulitzer or fulfilling at least three out of 10 qualifications stipulated as below

1. receipt of lesser nationally or internationally recognized prizes or awards for excellence;
2. membership in associations in the field which demand outstanding achievement of their members;
3. published material about you in professional or major trade publications or other major media;
4. documentation that the alien has been asked to judge the work of others, either individually or as part of a panel;
5. documentation of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
6. authorship of scholarly articles in professional or major trade publications or other major media;
7. documentation that the alien's work has been displayed at artistic exhibitions or showcases;
8. documentation of the alien's performance of a leading or critical role in distinguished organizations;
9. documentation that the alien commands a high salary or other significantly high remuneration in relation to others in the field; and
10. documentation of the alien's commercial successes in the performing arts.

Documents required for EB-1A.

• Evidence of national or international acclaim
• USCIS I-140 Petition Form
• USCIS I-485 Application
• Signed statement of intention to work in the occupational field specified in Form I-140 if you are a self-petitioner
• Two passport-style photographs
• Government-issued identity document with photograph;
• Birth certificate
• Passport page with non-immigrant visa
• Passport page with admission/parole stamp
• Form I-94, Arrival/Departure Record, or U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document.

EB-1b Green Card: Outstanding Professor or Researcher Visa

Professors or researchers have to show proof of international recognition for outstanding performance in their academic field, have a minimum of three years of experience in teaching or research in that same area, and apply for an academic position.

Requirements for EB-1B visa

• Proof of published material about the beneficiary in professional or major trade publications or other major media.
• Published material in professional publications written by others about the beneficiary's work in the academic field.
• Evidence of authorship of scholarly books or articles (in academic journals with international circulation) in the field.
• Original scientific or scholarly research contributions in the field
• Winning nationally- or internationally-recognized prizes or awards for excellence.
• Membership of one or more associations that require outstanding achievement as a condition of membership in the field.
• Evidence of an invitation to judge others' work, whether as an individual or part of an expert panel.
• Evidence of original scientific, scholarly, or business-related contributions of major significance to the field.
• Evidence of performance in a leading or critical role in respected organizations.
• And possibly evidence of commanding a high salary (or other significantly high remuneration) compared to others in the field.

Documents required for EB-1B visa

• Form I-485
• Form I-797, Approval or Receipt Notice, for Form I-140
• Signed statement of intention to work in the occupational field specified in Form I-140 if you are a self-petitioner
• Two passport-style photographs
• Government-issued identity document with photograph;
• Birth certificate;
• Passport page with non-immigrant visa
• Passport page with admission/parole stamp
• Form I-94, Arrival/Departure Record, or U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document.

EB-1c Visa: Multinational Executive or Manager

The EB-1c Visa / Green Card is a U.S. visa that allows executives or managers of multinational corporations to live and work in the United States permanently. Securing an EB-1c green card may also grant immediate permanent U.S. residency to the holder’s spouse and any unmarried children under 21 years of age. It is a highly desirable green card and typically takes less than a year to obtain.

Requirements for EB-1C visa

• The employer must meet the definition of a multinational corporation.
• The petitioning employer must be a U.S. employer and must have been doing business for at least one year at the time of application.
• A managerial or executive who has been outside the U.S. for at least one of the preceding three years and is seeking to enter the U.S. to continue working for the organization or business.
• The applicant must be looking to continue their service to that same organization in the United States

Multinational Executives or Managers: Your employer has to file a Form I-140, Petition for Alien Worker, on your behalf. The employer must show their ability to pay the offered wage current with the priority date continually.

A key factor is proving the relationship between the U.S.-based operation and any international or foreign parent or affiliated company. There are two main ways of showing this:

• The first is that either the U.S. or foreign companies own the other (parent-subsidiary relationship).
• The second viable option is an affiliation, in which the same shareholders own substantially similar stakes in both companies.

There are two common challenges during the EB-1c visa application process:

• When the applicant is an executive and the owner of the company.
• Proving whether the job in question is genuinely managerial or executive.

Eligibility for EB-1C

• Winning nationally- or internationally-recognized prizes or awards for excellence.
• Membership of one or more associations that require outstanding achievement as a condition of membership in the field.
• Proof of published material about the beneficiary in professional or major trade publications or other major media.
• Evidence of an invitation to judge others' work, whether as an individual or part of an expert panel.
• Evidence of original scientific, scholarly, or business-related contributions of major significance to the field.
• Evidence of authorship of scholarly books or articles (in academic journals with international circulation) in the field.
• Evidence of performance in a leading or critical role in respected organizations.
• And possibly evidence of commanding a high salary (or other significantly high remuneration) compared to others in the field.
• Published material in professional publications written by others about the beneficiary's work in the academic field.
• Original scientific or scholarly research contributions in the field.