EMPLOYMENT-BASED FIRST PREFERENCE (EB-1)

The EB-1 (employment-based, first-preference) visa allows foreign nationals with extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors and researchers; and certain multinational executives or managers to obtain lawful permanent residency in the U.S.

EB-1 Extraordinary Ability

The regulations for EB-1 define extraordinary ability as a level of expertise indicating the individual is one of that small percentage who have risen to the very top of the field of endeavor.  For this subcategory, there is neither a job offer nor a labor certification requirement.  The applicant must demonstrate that he or she will continue to work in the United States in his or her area of expertise. 
To establish extraordinary ability, the applicant must demonstrate sustained national or international acclaim through evidence of a major, international recognized award, or at least three of the following:

• Nationally or internationally recognized awards for excellence in the field;
• Membership in associations requiring outstanding achievement;
• Published material about the individual;
• Participation as a judge of the work of others in the field;
• Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
• Authorship of scholarly articles in the field;
• Display of an individual’s work at artistic exhibitions;
• Performance in a leading role for organizations that have a distinguished reputation;
• High salary compared to others in the field; or
• Commercial success in the performing arts.

EB-1 Outstanding Professor or Researcher

For outstanding professors or researchers, the regulations require international recognition as outstanding in a specific field; at least three years of teaching or research experience in the field; and the offer of a tenure or tenure-track position or comparable research position.
A petition for an outstanding professor or researcher must be accompanied by evidence that the individual is recognized internationally as outstanding in the specified academic field.  Evidence of international recognition must include at least two of the following:

• Receipt of major prizes or awards for outstanding achievement in the academic field;
• Membership in associations in the academic field that require outstanding achievement;
• Published material written by others about the individual’s work in the academic field;
• Participation as a judge of the work of others in the field;
• Original scientific or scholarly research contributions; or
• Authorship of scholarly books or articles.

The individual must have at least three years of experience in teaching or research in the academic field.  The required teaching or research experience may include experience gained while working on an advanced degree if the individual obtained the degree and the teaching was conducted with full responsibility for the class or the research was recognized as outstanding. 

Research positions must be permanent.  A permanent position is defined as tenured, tenure-track, or for a term of indefinite or unlimited duration with the expectation of continued employment unless there is good cause for termination.  The employer may be a private company if it has at least three full-time researchers.  Neither the statute nor the regulations actually require the outstanding professor or researcher to have a Ph.D. degree.

EB-1 Multinational Executive or Manager

The EB-1 category also covers executives or managers of foreign companies who have been transferred to the same or a related company in the United States.  Certain multinational managers and executives may qualify for priority worker status if they have been employed outside the United States in a managerial or executive capacity by a related entity for at least one of the three years immediately preceding entry into the United States.  The individual must be coming to work in an executive or managerial capacity. And the U.S. employer must have been doing business in the United States for at least one year.  The requirements closely follow those for the non-immigrant L-1A intra-company transferees.