The EB-1 classification allows three different types of workers the U.S. government considers to be in high demand to petition for an immigrant visa. Labor certifications (also known as PERM applications) from the U.S. Department of Labor are not required to be filed for petitions under the first preference categories. Immigrant visa are issued to these workers in higher priority than any of the other preference categories. Once an immigrant visa is issued, these workers may apply for permanent legal residence in the U.S.
The three different types of workers include:
Extraordinary Ability Individuals
These individuals must demonstrate that they have achieved a level of sustained national or international acclaim in the field of the arts, athletics, business, education or the sciences.
Successful petitions must include extensive documentation of the individual’s achievements in their field of endeavor and satisfaction of three out of the ten of the criteria, which includes documentation showing national or international awards, proof of having judged the work of others, publications, media articles discussing the individual and/or their achievements, box office receipts, and much more.
Outstanding Professors and Researchers
These individuals must demonstrate that they have outstanding achievements in their academic field with a minimum of three years of experience in academia. They must also demonstrate that they are pursuing their field of endeavor in the U.S. in a tenure-tracked teaching or research position.
Successful petitions must include extensive documentation of the individual’s achievements in their field of endeavor and satisfaction of two of the six criteria, which includes documentation showing national or international awards, proof of having judged the work of others, publications and much more.
Managers and Executives
These individuals must have been employed abroad for at least one year in the past three years by the company sponsoring their immigrant visa petition. These individuals must continue to be employed in the U.S. in the same or similar managerial or executive capacity by the same company, its affiliate or subsidiary.
Because these workers receive the highest priority from USCIS, qualifying for this category requires submitting extensive documentation.
Please contact our office to see if you qualify under this category and how we may assist you.