EB-1 Immigration Attorneys

EB-1 Visa Eligibility

You may be eligible for an EB-1 visa if you are an outstanding professor/researcher, have extraordinary ability, or are a multinational executive or manager.

In order to qualify under the EB-1 visa extraordinary ability category you must:

• Demonstrate extraordinary ability in the sciences, education, arts, business, or athletics through sustained national or international acclaim.
• Be recognized in your field and be able to show extensive documentation
• Provide evidence of a one-time achievement OR meet 3 of 10 criteria:
  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the 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 of major significance to the 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

An offer of employment is not required. In order to qualify under the EB-1 visa outstanding professors and researchers category you must:

• Demonstrate international recognition for your outstanding achievements in a particular academic field.
• Must have at least 3 years experience in teaching or research in that academic area.
• Must be entering the U. S. in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
• Provide proof of an offer of employment from a prospective U.S. employer AND include at least 2 of the documentation required:
  • Proof of receipt of major prizes or awards for outstanding achievement
  • Proof of membership in associations that require their members to demonstrate outstanding achievement
  • Proof of published material in professional publications written by others about the alien’s work in the academic field
  • Proof of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Proof of original scientific or scholarly research contributions in the field
  • Proof of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

In order to qualify under the EB-1 visa multinational manager or executive category you must:

• Have been employed outside the United States in a managerial or executive capacity (with the same affiliate, employer or subsidiary of the employer) the 3 years preceding the petition for at least 1 year by a firm or corporation
• Be seeking to enter the United States to continue service to that firm or organization
• Have a U.S. employer petition for you and they must have been doing business for at least 1 year as a subsidiary, an affiliate, or as the same corporation that employed you abroad