Employment-Based Immigration: EB-1 First Preference Visa
The EB-1 First Preference Visa offers a pathway to U.S. permanent residency for individuals who demonstrate exceptional qualifications in their professional field. This category is specifically designed for three distinguished groups: foreign nationals possessing extraordinary abilities in the sciences, arts, education, business, or athletics; acclaimed professors and researchers with international recognition; and senior executives or managers serving multinational corporations.
Each classification within the EB-1 category carries its own stringent eligibility criteria, requiring applicants to provide substantial evidence of their achievements, professional contributions, and leadership roles. Meeting these high standards can grant priority processing and an expedited route to lawful permanent residency in the United States.
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Eligibility Criteria
Extraordinary Ability
Demonstrated sustained national or international acclaim in sciences, arts, education, business, or athletics.
Must satisfy at least 3 out of 10 USCIS-recognized criteria or show evidence of a one-time major award (e.g., Pulitzer, Oscar, Olympic Medal).
Must intend to continue work in the area of expertise.
No job offer or labor certification required.
Outstanding Professors and Researchers
Minimum of three years of teaching or research experience in the relevant academic field.
Must enter the U.S. to take a tenure, tenure-track, or comparable research position at a qualified institution.
Must meet at least 2 of 6 USCIS evidence requirements.
Requires a valid job offer but no labor certification.
Certain Multinational Managers or Executives
At least one year of employment abroad in a managerial or executive capacity within the last three years prior to petition.
Employment must be with a foreign company that has a qualifying relationship (parent, branch, affiliate, or subsidiary) with the U.S. employer.
Must intend to work in a managerial or executive role in the U.S.
No labor certification required.
Benefits of the EB-1 Visa
Faster processing compared to other employment-based visas.
Direct path to U.S. Green Card without requiring labor certification.
Self-petition available for Extraordinary Ability applicants.
Eligibility to include spouse and unmarried children under 21 in the petition.
Flexibility to work for multiple employers (for Extraordinary Ability category).
Processing Time
Standard USCIS processing: 8 to 12 months (varies by service center).
Premium Processing option available: 15 calendar days for Form I-140 adjudication.
Adjustment of Status (if applying from within the U.S.): additional 6 to 12 months.
Visa Fee Structure (subject to change by USCIS)
Form I-140 filing fee: $700 USD.
Premium Processing (optional): $2,805 USD.
Adjustment of Status (Form I-485): $1,225 USD (including biometrics, for applicants aged 14–78).
Additional costs for medical examinations, translations, and document procurement.
EB-1 Visa Eligibility Requirements and Application Process
The EB-1 immigrant visa category is designed for individuals who have reached the pinnacle of their professional fields, offering a streamlined path to U.S. permanent residency. This classification is divided into three primary subcategories Extraordinary Ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives—each with distinct eligibility criteria and evidence requirements.
Extraordinary Ability
This subcategory is intended for individuals who can demonstrate exceptional skill and recognition in sciences, arts, education, business, or athletics through sustained national or international acclaim.
Eligibility Requirements:
Must satisfy at least 3 of the 10 official USCIS criteria (listed below) or present evidence of a major, one-time achievement such as a Pulitzer Prize, Academy Award, or Olympic Medal.
Must show intent to continue working in the area of expertise.
No job offer or labor certification is required.
Recognized Evidence Criteria Include:
Awards or prizes of national/international distinction.
Membership in associations requiring outstanding achievement.
Published material in reputable trade or professional media discussing your work.
Invitations to judge the work of others.
Original contributions of major significance in your field.
Authorship of scholarly articles in reputable journals or media.
Work showcased in exhibitions or displays.
Leadership roles in prestigious organizations.
Earning a high salary compared to peers.
Commercial success in the performing arts.
Outstanding Professors and Researchers
Designed for internationally recognized academics with significant accomplishments in their respective fields.
Eligibility Requirements:
Must have at least three years of experience in teaching or research within the field.
Must enter the U.S. to pursue tenure, tenure-track, or an equivalent research role at a university, higher education institution, or qualified private employer.
Must meet at least 2 of the 6 documentary evidence criteria (see below).
Requires an official job offer; labor certification is not required.
Acceptable Evidence Includes:
Receipt of major awards for outstanding academic achievement.
Membership in associations with rigorous entry standards for excellence.
Published works about the applicant’s academic contributions.
Service as a judge of others’ academic work.
Original research contributions of notable impact.
Authorship of scholarly books or articles in internationally recognized journals.
Certain Multinational Managers or Executives
For senior-level professionals transferring from a related foreign company to a U.S.-based branch, affiliate, or subsidiary.
Eligibility Requirements:
Must have worked abroad in a managerial or executive role for at least one year within the last three years before the petition (or before the most recent lawful admission to the U.S. if already working for the U.S. employer).
The U.S. petitioner must have been operating for at least one year and maintain a qualifying corporate relationship with the foreign employer.
Must demonstrate intent to continue working in an executive or managerial capacity.
No labor certification is required.
Application Procedure
Extraordinary Ability: Individuals may self-petition by filing Form I-140 (Petition for Alien Worker).
Outstanding Professors/Researchers & Multinational Managers/Executives: The U.S. employer must file Form I-140 on behalf of the applicant and prove the ability to pay the offered wage from the priority date. Acceptable proof includes annual reports, federal tax returns, or audited financial statements.
Family Eligibility
Approved EB-1 applicants may include spouses and unmarried children under 21 in their petition. Eligible dependents may apply for entry under E-14 or E-15 immigrant status.
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