Definition
The Eb-1A category of employment based immigration is for foreign nationals who have demonstrated extraordinary ability in their field.
Eligibility Criteria
1. Individuals who qualify under this category are foreign nationals who have demonstrated
extraordinary ability in the areas of science, art, education, business or athletics.
extraordinary ability in the areas of science, art, education, business or athletics.
2. Extensive documentation of the foreign national’s continued national or international acclaim and
achievements, as recognized in their field, must be proved. However, a specific job offer is
not required for entry into the United States as long as the person is entering the U.S. in order to
continue working in the field where they have an extraordinary ability.
achievements, as recognized in their field, must be proved. However, a specific job offer is
not required for entry into the United States as long as the person is entering the U.S. in order to
continue working in the field where they have an extraordinary ability.
Approval Process
A foreign national who has received a major internationally recognized award, such as the Nobel Peace Prize or another award of the same caliber, automatically qualifies for this visa category.
Those individuals who have not received an award that automatically qualifies them must provide additional evidence of Eb-1A classification from at least three of the following items:
1. Receipt of a lesser, nationally recognized award or prize for excellence in their field;
2. Membership in an association affiliated with their field of study that requires outstanding
achievements of its members;
achievements of its members;
3. Material that has been published about the foreign national seeking entry in a professional or
major trade publication or other major media;
major trade publication or other major media;
4. Evidence that the person seeking admission has judged the work of others, individually or as
part of a panel;
part of a panel;
5. Documentation of original scientific, scholarly, artistic, athletic or business-related contributions
by the foreign national that is of major significance to the field in question;
by the foreign national that is of major significance to the field in question;
6. Evidence that the foreign national was the author of scholarly articles published in professional
or major trade publications or other major media;
or major trade publications or other major media;
7. Proof that the person’s work has been displayed at artistic exhibitions or showcases;
8. Documentation that the foreign national has performed a leading or critical role in distinguished
organizations;
organizations;
9. Proof that the foreign national receives a high salary or other significantly high form of
remuneration when compared to others in the same field;
remuneration when compared to others in the same field;
10. Evidence that the person has had commercial success in the field of performing arts;
11. Other comparable evidence.
Evaluation
The initial evaluation provided to you is made on a case by case basis, rather than with the use of a template to answer all requests. Each individual case presented to us is unique and requires careful analysis that cannot be accomplished through the use of a template. Even though our evaluations are made on a case by case basis, the basic information included will cover:
1. Whether your credentials meet the minimum standard of the Eb-1A requirements
2. Whether or not there is a strong likelihood of approval for your case under the Eb-1A category
3. Other options you may have to obtain a green card if approval of your case under the Eb-1Acategory is unlikely.
Applications and Petitions
The law does not prohibit a person from filing both Eb-1A and NIW Eb-2 applications at the same time for the same beneficiary. Both of these categories require I-140 petitions, and filing them at the same time can increase your likelihood of approval.
Employment Based Immigration – Eb-1B Category
Definition
The Eb-1B category is the classification for foreign nationals seeking employment based immigrationand are outstanding professors and researchers who are internationally recognized as a result of their exceptional achievements in a particular area of study.
Eligibility Criteria
In order to qualify for the Eb-1B employment based category:
1. You must be a foreign national who is an outstanding professor or researcher who has a
minimum of three years of teaching or research experience in their specified academic field.
Further, such a person needs to enter the United States in tenure or tenure track or a comparable
research position at a university or institution for higher learning.
minimum of three years of teaching or research experience in their specified academic field.
Further, such a person needs to enter the United States in tenure or tenure track or a comparable
research position at a university or institution for higher learning.
2. No labor certification is required under this category.
Approval Process
The Eb-1B category of employment based immigration requires that the foreign national have an offer for permanent employment from an employer in the United States. If the position you are seeking is one other than tenure or tenure track, the offer letter must be drafted carefully to meet the permanent job requirements. If your offer of employment is with a private company, additional requirements must be met. If the employer is private, the department, division or institute of the private employer must employ at least three people in full time research positions and have had documented success and accomplishments in an academic field.
The Eb-1B category of employment based immigration requires that the foreign national have an offer for permanent employment from an employer in the United States. If the position you are seeking is one other than tenure or tenure track, the offer letter must be drafted carefully to meet the permanent job requirements. If your offer of employment is with a private company, additional requirements must be met. If the employer is private, the department, division or institute of the private employer must employ at least three people in full time research positions and have had documented success and accomplishments in an academic field.
To be approved under the Eb-1B category, the employer must file a form I-140, Petition for Alien Worker with USCIS accompanied by a copy of the job offer.
The petitioner needs to submit at least two of the following pieces of evidence to demonstrate that they are recognized as an outstanding professor or researcher in their academic field.
1. Proof of any major prizes or awards for outstanding achievement in their field of study;
2. Demonstrate membership in an association that requires members to have outstanding
achievements;
achievements;
3. Have published materials in professional publications authored by other individuals praising the
foreign national’s work in their academic field;
foreign national’s work in their academic field;
4. Evidence of participation as a judge of the work of others in the same or a similar academic field,
either as an individual or as part of a panel;
either as an individual or as part of a panel;
5. Proof that the foreign national has made original scientific or scholarly research contributions to
their field of study;
their field of study;
6. Evidence that the foreign national has authored scholarly books or articles
(published in scholarly journals that have international circulation) in their field.
(published in scholarly journals that have international circulation) in their field.
Employment Based Immigration – Eb-1C Category
Definition
The Eb-1C category is the classification for foreign nationals who are managers or executives that are transferred to the United States by their employer.
The Eb-1C category is the classification for foreign nationals who are managers or executives that are transferred to the United States by their employer.
Eligibility Criteria
To qualify under this category:
1. The foreign national must be a manager or executive that has been employed outside of the
United States for at least one of the three preceding years with an overseas affiliate, parent,
subsidiary or branch of the perspective U.S. employer.
2. The foreign national must be coming to work in a managerial or executive capacity.
3. No labor certification is required for this category but the employer must provide a job offer and
file a petition with USCIS.
file a petition with USCIS.
Approval Process
To be approved under the Eb-1C category, the employer at the U.S. affiliate, parent, subsidiary or branch of the foreign national’s overseas employer must file a petition with USCIS accompanied by a copy of the job offer.
If, based on this information, you are still uncertain whether your credentials qualify you for the Eb-1 category or the strength of your case to be granted this type of visa, please feel free to email our offices with a copy of your resume or curriculum vitae at us@usemin.com. The attorneys at our office will then review your qualifications and reply to you with a written evaluation within two working days.
This evaluation is free and does not create any obligation on your behalf to continue utilizing our services following the receipt of this evaluation.
