Employment Based Green Cards (EB-1 Category)
The EB-1 category of employment-based green cards is designed for priority workers who have extraordinary ability in the sciences, arts, education, business, or athletics, outstanding professors or researchers, and multinational managers or executives. This category is reserved for the most highly qualified individuals and offers a path to permanent residency in the United States without the need for a job offer or Labor Certification.
Here are the eligibility requirements for each subgroup of the EB-1 category:
EB-1A: Extraordinary Ability
To qualify for EB-1A, the foreign national must have sustained national or international acclaim and recognition for their extraordinary ability in the sciences, arts, education, business, or athletics. They must provide extensive documentation to demonstrate their extraordinary ability, including evidence of:
- Receipt of a major internationally recognized award, such as a Nobel Prize or Pulitzer Prize, or
- Evidence of at least 3 from the following categories:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- Membership in a professional association that requires outstanding achievement as a condition for membership.
- Published material in professional or major trade publications or other major media about the foreign national and their work.
- Participation as a judge of the work of others in the same or a related field.
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
- Authorship of scholarly articles in the field in professional journals or other major media.
- Display of the foreign national's work at artistic exhibitions or showcases.
- Performance in a leading or critical role for organizations or establishments with a distinguished reputation.
- Evidence that the alien has commanded a high salary or other high compensation for services; and
- Evidence of commercial successes in the performing arts as shown by box office receipts or music or video sales.
EB-1B: Outstanding Professors and Researchers
To qualify for EB-1B, the foreign national must demonstrate outstanding international recognition for their academic achievements in a particular academic field. They must provide extensive documentation to demonstrate their outstanding achievements, including evidence of at least 2 from the following categories:
- Receipt of major prizes or awards for outstanding achievement in the academic field.
- Membership in associations that require outstanding achievement as a condition of membership.
- Published material in professional publications written by others about the foreign national's work in the academic field.
- Participation as a judge of the work of others in the same or a related academic field.
- Original scientific or scholarly research contributions to the academic field.
- Authorship of scholarly books or articles in the academic field.
In addition, you must submit:
- Evidence of at least three years of experience in teaching and/or research in the academic field; and
- An offer of a tenured / permanent employment,
- In case of of private employers:
- An offer of permanent employment,
- Evidence of employment of at least 3 full-time researches, and
- Evidence of accomplishments in the field.
EB-1C: Multinational Managers or Executives
To qualify for EB-1C, the foreign national must have been employed in a managerial or executive capacity by a qualifying organization outside the United States for at least one year in the three years preceding their transfer to the United States. They must provide extensive documentation to demonstrate their managerial or executive experience, including evidence of:
- Employment in a managerial or executive capacity in a qualifying organization outside the United States.
- Continuous employment for at least one year in the three years preceding their transfer to the United States.
- Transfer to the United States to work in a managerial or executive capacity for a qualifying organization.
In addition to the specific eligibility requirements for each subgroup of the EB-1 category, all applicants must demonstrate that they intend to continue working in their field of extraordinary ability, outstanding academic achievement, or managerial or executive experience in the United States.
The EB-1 category offers a unique path to permanent residency in the United States for highly qualified individuals without the need for a job offer or Labor Certification. Navigating the process can be complex, as it requires meeting specific eligibility criteria and providing thorough documentation. The Immigration Law Firm of Marcin Muszynski, Esq. can assist you in preparing a strong and compelling petition.