Employment-Based 1 Visas (EB-1)

This category is for “priority workers.” This category includes managers and executives eligible for transfer to the United States, outstanding researchers or professors at universities or with private employers who have established research departments, and aliens of “extraordinary ability” in the sciences, arts, education, business, or athletics.

Managers and Executives

These individuals are typically in the U.S. in L-1 nonimmigrant visa status, and L-1 eligibility is required in order to be an EB-1 manager or executive.

Outstanding Researchers and Professors

These individuals are recognized internationally as outstanding in a specific field; possessing at least three years of experience teaching or researching in the field (in some cases, the experience obtained while working on the advance degree may count); in receipt of an offer for tenure or a tenure track, or comparable research position. Evidence for outstanding researchers and professors may include: documentation of the individual’s receipt of major international awards or prizes for work in the particular field; documentation of membership in professional associations requiring members to have made outstanding achievements; published material in scholarly or professional publications; documentation of participation in the review of the work of others in the field; and documentation of the individual’s research contributions.

Aliens of “extraordinary ability”

These are individuals who have received major international awards. In this category, receipt of an award such as a Nobel Prize or Academy Award suffice as evidence of “extraordinary ability.” Absent such a specific award, the individual must provide at least three types of evidence. The evidence may be the same as that enumerated for professors and researchers, or in the case of non-scientific or educational “extraordinary ability” individuals: evidence that his or her work has been displayed in more than one country; evidence that he or she has had a lead or critical role through an establishment with a strong reputation; evidence that the individual has commanded a high salary; or evidence of commercial success.

No labor certification is required for the EB-1 category. In addition, no job offer is required for aliens of extraordinary ability.

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