Specific Eligibility Requirements for the Three Categories of EB-1 Green Card
An individual may be eligible for the employment-based, first-preference visa if he or she has an extraordinary ability, are an outstanding professor or researcher or are a multinational executive or manager. Each occupational category has its own requirements that must be met to establish eligibility for that visa.
How can I obtain an EB-1 Green Card based on being an alien of extraordinary ability?
You must be able to demonstrate ability in the sciences, arts, education, business or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. An offer of employment from an employer is not required for this visa category.
How Can I obtain an EB-1 Green Card based on being an outstanding professor or researcher?
You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years of experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university of other institution of higher education. An offer of employment or a letter from the school must be provided with the application.
How can I obtain an EB-1 Visa as a multinational manager or executive?
You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
Criteria for Demonstrating Extraordinary Ability
You must meet three out of the 10 criteria listed below to prove extraordinary ability in your field to apply for the EB-1 green card. Meeting three of the following ten criteria will not guarantee that you qualify as an individual of extraordinary ability in the arts, sciences, education, business or athletics, however, if you cannot satisfy at least three of the following items, you may wish to consider immigrating through another preference category.
For more in depth information on proving that you have extraordinary ability, please read more here. [LINK TO EB-1A SPECIFIC EVIDENCE]
- Evidence of receipt of lesser nationally or internationally recognized prizes or 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 trade publications or other major media
- Evidence that you have been asked to judge the work of others, either individually or on a panel
- Evidence of your original scientific, scholarly, artistic, athletic, 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 in relation to others in the field
- Evidence of your commercial successes in the performing arts
Examples of Documentary Evidence That A Person is an Outstanding Professor Or Researcher
- 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 alien's work in the academic field
- Evidence of participation, 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
How will USCIS assess my application for the EB-1 green card?
USCIS changed its approach to deciding petitions for persons of extraordinary ability after the Federal Court decision in Kazarian v. USCIS, 596 F.3d 1115 (9 Cir. 2010). USCIS now will (1) Determine whether the petitioner has submitted evidence that meets the standards stated above; and (2) Determine whether the evidence submitted is sufficient to demonstrate that the beneficiary or self-petitioner meets the required high level of expertise for the extraordinary ability preference category during a final merits determination.
In addition to the above criteria, the noncitizen petitioner or beneficiary must prove that he or she will continue to pursue work in the area of extraordinary ability in the U.S. and prove that his or her work is of substantial and prospective benefit to U.S. national interest.
If you have additional questions about the Eb-1 visa green card we encourage you to contact our office now for a free consultation. We have successfully helped many clients on EB-1 green cards and would love you assist you as well!