EB-1: Employment Based Immigration – Permanent Workers – Extraordinary Ability/Outstanding Professor or Researcher/Multinational Executive or Manager

 

You may be eligible for an employment-based, first-preference visa:

(1) if you have an extraordinary ability,

(2) if you are an outstanding professor or researcher, or

(3) if you are a multinational executive or manager.

 

Eligibility

You do not need a labor certification(LC). 

However, you must meet certain requirements depending on your occupational category.

 

Extraordinary Ability

• You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

• Your achievements must be recognized in your field through extensive documentation.

• You do not need to have an offer of employment.

• Note: You must provide evidence showing you are coming to the United States to continue work in this area of expertise.

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Outstanding Professors and Researchers

• You must demonstrate international recognition for your outstanding achievements in a particular academic field.

• You must have at least three years of experience in teaching or researching in that academic area.

• You must be entering the United States to pursue tenure, a tenure track teaching, or comparable research position at a university or other institution of higher education.

• You must also have a job offer from a university, institution of higher learning, or department, division or institute of a private employer.

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Multinational Manager or Executive

• You must have worked in a managerial or executive capacity for a firm or corporation outside the United States for at least one year during the three years before submitting your petition. 

• And you must seek to enter the United States to continue service for that firm or organization.

• Your employment must have been with the same employer, an affiliate, or a subsidiary of the employer.

 

Your employer must:

• Be a U.S. employer; and

• Have been doing business for at least one year as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

 

How to File

You or the employer must:

• Review the instructions for Form I-140, Petition for a Nonimmigrant Worker;

• Complete and sign Form I-140;

• Pay the filing fee, if applicable; and

• Provide all required evidence and supporting documentation.

 

If you are filing for an EB-1 visa under extraordinary ability, you may file Form I-140 for yourself, and you may be eligible to file I-485, Application to Register Permanent Residence or Adjust Status.

 

After You File

Once USCIS receives your Form I-140, USCIS will process your application and you will receive a:

• Receipt notice confirming we received your petition;

• Biometric services notice, if applicable;

• Notice to appear for an interview, if required; and

• Notice of our decision.

 

Adjustment of Status

After USCIS approves your petition, you can apply to become a lawful permanent resident if there is a visa available according to the State Department Visa Bulletin.

You can do this by either filing Form I-485 if you are in the United States, or by applying through the U.S. Consulate if you are outside of United States (this method is called consular processing).

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