What Is an EB-1 Immigrant Visa?
The EB-1 immigrant visa allows certain foreign nationals within certain groups, who are at the top in their field, to obtain permanent residency in the U.S. These foreign nationals must:
- Have demonstrated such excellence by sustained national or international acclaim.
- Be recognized in the field through extensive documentation.
Who qualifies for an EB-1 immigrant visa?
Foreign nationals can qualify under any of the three categories under the EB-1 employment based immigrant visa:
- EB-1(A): This category is for foreign nationals possessing ‘extraordinary ability’ and who have received national or international acclaim for outstanding achievements in the sciences, arts, education, business or athletics
- EB-1(B): This category is for an ‘outstanding professor or researcher’ who has at least three years experience in teaching or research in their field and received international recognition for their work
- EB-1(C): This category is for a ‘manager or executive’ in a multinational company who manages an organization or a major function or division of an organization with offices in the U.S.
What are the benefits of applying under the EB-1 visa category?
- A labor certification is not required.
- Faster process to obtain permanent residency in the U.S.
- Work in the U.S.
- Travel freely in and out of the U.S.
- Apply for dependent visas for your spouse and unmarried children under 21 years.
How can an attorney help in this process?
EB-1 petitions are more challenging than they appear. A qualified immigration attorney will be able to assess if the petition will have the appropriate documentation to meet the criteria under this category and determine how to properly frame the field of expertise for an eligible candidate. An attorney will be able to cite precedents, if necessary, in cases where the immigration service is applying an unreasonably high burden on the petition.