EB-1 Employment-Based Immigration: First Preference EB-1

At a Glance

Item	Details
Visa name	EB-1 first-preference visa
Purpose	Employment-based immigration
Categories	Ability, professors, executives
Stay	Not stated in the source
Cost	Filing fee amount not stated
Eligibility timing	Manager: one year abroad within three
Work rights	Not stated in the source
Study	Not stated in the source
Medicare	Not stated in the source
Travel facility	Not stated in the source
Citizenship	Not stated in the source
Family sponsorship	Spouse and unmarried children under 21
Visa record	Not stated in the source
Labor certification	Not required
Petition form	Form I-140
Processing	Not stated in the source

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Purpose

EB-1 is an employment-based, first-preference visa category for:

• Aliens of extraordinary ability;
• Outstanding professors or researchers; and
• Certain multinational executives or managers.

Eligibility

Extraordinary ability

You must demonstrate extraordinary ability in science, arts, education, business, or athletics through sustained national or international acclaim.

You must provide either:

• Evidence of a major internationally recognized one-time award, such as a Pulitzer, Oscar, or Olympic Medal; or
• Evidence meeting at least 3 of 10 criteria, or comparable evidence where the listed criteria do not readily apply.

You must also show you will continue working in your area of expertise.

No job offer or labor certification is required.

Outstanding professors and researchers

You must:

• Have international recognition for outstanding achievements in an academic field;
• Have at least 3 years of teaching or research experience in that field;
• Enter the United States for tenure, tenure-track teaching, or a comparable research position; and
• Meet at least 2 of 6 evidentiary criteria, or provide comparable evidence.

A U.S. employer must offer employment. A private employer must show documented accomplishments and employ at least 3 full-time researchers.

Multinational executives or managers

You must have worked outside the United States for at least 1 year during the 3 years before the petition, or before your most recent lawful nonimmigrant admission if already working for the U.S. petitioning employer.

The U.S. petitioner must:

• Be a U.S. employer;
• Have been doing business in the United States for at least 1 year;
• Have a qualifying relationship with the overseas entity; and
• Intend to employ you in a managerial or executive capacity.

Required Evidence

Extraordinary ability evidence

Submit evidence of a major one-time award or at least 3 of the following:

• Lesser nationally or internationally recognized prizes or awards;
• Membership in associations requiring outstanding achievement;
• Published material about you in major or professional media;
• Judging the work of others;
• Original contributions of major significance;
• Authorship of scholarly articles;
• Display of work at artistic exhibitions or showcases;
• Leading or critical role for distinguished organizations;
• High salary or remuneration compared with others; or
• Commercial success in performing arts.

Outstanding professor or researcher evidence

Submit at least 2 of the following:

• Major prizes or awards;
• Membership in associations requiring outstanding achievement;
• Published material by others about your academic work;
• Judging others’ work in the field;
• Original scientific or scholarly research contributions; or
• Authorship of scholarly books or internationally circulated journal articles.

Application Steps

1. File Form I-140, Petition for Alien Worker.
2. Use the filing method for your category:
   • Extraordinary ability: You may self-petition.
   • Outstanding professor or researcher: Your U.S. employer must file.
   • Multinational executive or manager: Your U.S. employer must file.
3. For employer-filed petitions, the employer must show a continuing ability to pay the offered wage from the priority date.

Employers may demonstrate ability to pay using an annual report, federal income tax return, or audited financial statement.

Family Provisions

After I-140 approval, your spouse and unmarried children under 21 may be eligible to apply for admission in:

• E-14 immigrant status for a spouse; or
• E-15 immigrant status for an unmarried child under 21.

Important Warnings

• Labor certification is not required for any EB-1 category.
• A job offer is not required only for extraordinary ability petitions.
• Family members may be eligible to apply after I-140 approval; eligibility is not stated as automatic.