Green Card for Extraordinary Ability (EB-1)

What is an EB-1 Green Card?

The Employment-Based, First Preference (EB-1) visa is available to you if you have an extraordinary ability, are an outstanding professor or researcher or are a multinational executive or manager. There are certain requirements for each occupational category that must be met.

This type of worker visa is considered for permanent workers who will also receive a permanent resident through this application process.

How can I obtain an employment-based visa based on extraordinary ability?

In order to obtain a permanent employment-based visa based on your own extraordinary ability, you must be able to demonstrate extraordinary ability in the sciences, arts, education, business or athletics through sustained national or international recognition. Your achievements must also be recognized in your field through extensive publication or documentation.

An offer of employment from an employer is not required for this visa category.

What is the criteria for demonstrating extraordinary ability for an EB-1 visa?

To be considered an alien of extraordinary ability, you must meet at least 3 of the 10 below listed criteria to prove this extraordinary ability in your field:

  1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

  2. Evidence of your membership in associations in the field which demand outstanding achievement of their members

  3. Evidence of published material about you in professional or major trade publications or other major media

  4. Evidence that you have been asked to judge the work of others, either individually or on a panel

  5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

  6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

  7. Evidence that your work has been displayed at artistic exhibitions or showcases

  8. Evidence of your performance of a leading or critical role in distinguished organizations

  9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

  10. Evidence of your commercial successes in the performing arts

Read our section on Eligibility Requirements for an EB-1 Green Card here.

How can I obtain an employment-based visa as an outstanding professor or researcher?

To be granted an EB-1 visa as an outstanding professor or an outstanding researcher, you must demonstrate international recognition for your outstanding achievements in a particular academic field. You must also have at least 3 years of experience in teaching or research in that academic area. There is also the requirement that you must be entering (or already admitted and in lawful status) in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

You must also have an offer of employment from a U.S. employer to qualify for under this EB-1 visa category.

What documentary evidence should be submitted with an EB-1 application as an outstanding professor or researcher?

Below are some examples of documentary evidence to show that a person is an outstanding professor or researcher:

  1. Evidence of receipt of major prizes or awards for outstanding achievement

  2. Evidence of membership in associations that require their members to demonstrate outstanding achievement

  3. Evidence of published material in professional publications written by others about the alien's work in the academic field

  4. Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field

  5. Evidence of original scientific or scholarly research contributions in the field

  6. Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

Please note you must also have an offer of employment letter from a U.S. employer.

How can I get an EB-1 Green Card as a multinational manager or executive?

To qualify for EB-1 visa status under this category, you must have been employed outside the United States in the 3 years preceding the EB-1 petition for at least 1 year by a corporation or firm and you must be seeking to enter the United States to continue working for that firm or organization. You must have held a position outside of the United States in a managerial or executive capacity with the same employer, an affiliate, or a subsidiary of the employer sponsoring the EB-1 petition.

The employer that will petition you for the EB-1 visa status must be a U.S. employer. The U.S. employer petitioner must have been doing business for at least 1 year, as an affiliate, a subsidiary or as the same corporation or legal entity that employed you abroad.

All petitions for Employment-Based First Preference (EB-1) visa status must be submitted by filing Form I-140, Immigrant Petition for Alien Worker. Our experienced U.S. immigration attorneys can provide a FREE consultation to help you with understanding EB-1 visas.