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EB-1 Visa

The EB-1 Visa is a priority employment-based Green Card. Discover more about the EB-1 visa and the criteria you must meet to qualify.

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If you want to apply for an EB1 visa, call us at enter phone number or contact us for immediate assistance, and we'll be happy to help you.

What is an EB1 Visa?

The EB-1 Visa is a U.S. immigrant visa under the employment-based category, offering first-preference status to foreign nationals with extraordinary abilities, outstanding professors and researchers, or specific multinational executives and managers. To be eligible, you must demonstrate "sustained national or international acclaim" in your field, such as in the sciences, arts, education, business, or athletics.

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This visa, also known as a Green Card, grants permanent residency, allowing you to stay in the U.S. indefinitely. After 5 years of continuous residence as a Green Card holder, you may apply for U.S. citizenship.

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The EB-1 Visa is highly sought after due to its typically shorter processing times compared to other immigrant pathways, which can take years. Additionally, it does not require Labor Certification, meaning U.S. employers are not required to prove that the job cannot be filled by a domestic worker.

EB1 Eligibility

To be eligible for an EB-1 visa, you must be one of the following:

  • A person with extraordinary ability

  • An outstanding professor or researcher

  • A certain multinational executive or manager
     

Each of these categories has its own specific criteria that must be fulfilled.

EB-1A Requirements

Foreign nationals who wish to apply for an EB-1A visa must prove they possess "extraordinary ability," indicating they are among the top one percent in their field and have earned national or international recognition. To demonstrate this, you must provide evidence of a significant, one-time achievement, such as a major internationally recognized award like a Nobel Prize, Academy Award, or Olympic Medal. Additionally, you need to meet at least 3 of the 10 criteria outlined by the USCIS (or provide comparable evidence), which include:

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  • Evidence that you have received lesser nationally or internationally recognized prizes or awards for excellence

  • Evidence of your membership in associations in your field which demand outstanding achievement of their members

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

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

  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions. These contributions must be of major significance to their field.

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

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

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

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

  • Evidence of your commercial successes in the performing arts (box office receipts, sales records, etc.)

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An individual with extraordinary ability does not need an offer of employment or labor certification, but they must provide evidence that they will continue working in their field of expertise while in the United States.

EB-1B Requirements

Outstanding professors and researches need at least 3 years of experience in teaching or research within their academic field and must demonstrate international recognition for their significant contributions to a particular academic field. To qualify, they must meet at least 2 of the 6 criteria outlined by the USCIS and provide proof of a job offer from a U.S. employer. You must satisfy 2 of the following requirements, which include:
 

  • Evidence of receipt of major prizes or awards for outstanding achievement

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

  • Evidence of published material in professional publications written by others about your work in the academic field

  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or related academic field

  • Evidence of original scientific or scholarly research contributions in the field

  • Evidence of authorship of scholarly books or articles in the field
     

Also, the applicant must be coming to the United States to take up a tenure or tenure-track teaching position or a related research role at a university, higher education institution, or private employer.

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For those working with a private employer, the employer must provide evidence of accomplishments in their field and demonstrate that they have at least 3 full-time researchers on staff. Labor certification is not needed.

EB-1C Requirements

To be eligible for an EB-1C visa as a multinational manager or executive, you must have worked outside the United States for at least 1 year within the 3 years prior to applying. If you are already in the U.S. on a non-immigrant visa, you must also have had at least 1 year of prior employment abroad before your current U.S. position.

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Your U.S. employer must have been in business for at least 1 year, must have a qualifying relationship (such as being an affiliate or subsidiary) with your previous employer abroad, and must intend to employ you in a managerial or executive role. While this visa does not require labor certification, the employer must provide a job offer. Unlike other business immigrant visas that may involve significant investment, this visa requires minimal to no investment.

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Contact Us

Ready to explore the opportunities the E-2 visa can unlock for your business ambitions? Contact Pantz Immigration Law PLLC today for a consultation. Our immigration attorneys are dedicated to helping you realize your entrepreneurial dreams in the United States.

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