EB-1 Visas for Immigrant Professors, Researchers, Executives, Managers, and Other Priority Workers
Immigrant Visas for Persons with Extraordinary Abilities in the Sciences, Arts, Education, Business or Athletics, Outstanding Professors and Researchers and Multinational Executives and Managers
The EB-1 is an employment-based visa that allows individuals to establish permanent residency in the United States. Put another way, an EB-1 green card allows foreign nationals to live permanently in the U.S. and continue to work in their field. The visa is designed for “priority” workers who have an extraordinary ability, are outstanding professors or researchers, or are multinational executives or managers. An application for an EB-1 visa does not necessitate Labor Certification, which is a lengthy process required for many other types of visas.
Extraordinary Ability
Applicants who can showcase their extraordinary abilities in the sciences, arts, education, business, or athletics through sustained national or international acclaim do not need to have a permanent offer of employment in the Unites States and are able to self-petition, but those individuals must intend to work in their field of expertise. If the individual seeking an EB-1 green card has an offer of employment from a U.S. employer, however, that employer can help with the EB-1 application by filing the initial petition with the United States Citizenship and Immigration Services (USCIS) on Form I-140.
USCIS requires specific evidence for each category of EB-1 eligibility. For example, evidence that demonstrates extraordinary ability may include awards, scholarly articles, or membership in exclusive associations.
Outstanding Professors and Researchers
Outstanding professors and researchers must show international recognition for their achievements in their field and have at least three years of experience in teaching or research in that field. Individuals seeking an EB-1 green card in this category must be seeking entry into the U.S. to pursue tenure or tenure-track teaching or research at a university or other educational institution within the country. The position must be a permanent position. Not all types of employers can utilize this type of category. Instead, the employer must be “qualified,” meaning either a university, an academic institution, or an institute of private research entity with at least three full-time researchers on staff. A private U.S. employer needs to demonstrate a strong reputation and history of making significant achievements in research.
Multinational Executives and Managers
Multinational executives and managers must have been employed by their sponsoring firm or corporation in a managerial role outside the United States for at least one year in the three years prior to applying for a green card. The U.S. company is required to show that it has been a parent, subsidiary, affiliate, or branch office of the company abroad. If the individual seeking an EB-1 green card is already in the U.S. on a temporary visa, it is possible to qualify based on having worked as an executive or manager at that business for one of the three years before arrival in the United States. There are specific definitions of what constitutes an “executive” or a “manager,” which must be met in order to qualify for an EB-1 green card.
As with other green card routes, when a person obtains EB-1 status, their spouse and children may join them in the U.S. To qualify as dependents, children must be unmarried and under the age of 21. Spouses and dependent children also may be able to apply for adjustment of status to obtain employment authorization.
Immigration Law Center Contents
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Immigration Law Center
- Green Cards and Lawful Permanent Residence in the U.S.
- Becoming a U.S. Citizen Under Naturalization Law
- Immigrant Visas Leading to Lawful Permanent Residence in the U.S.
- Non-Immigrant Visas Providing a Legal Basis for Temporary Residence in the U.S.
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Work Visas Allowing Foreign Nationals to Legally Enter the U.S.
- PERM Labor Certification & Legal Requirements for Businesses Hiring Foreign Nationals
- H-1B Visas for Non-Immigrant Foreign Nationals in Specialty Occupations
- H-2A Visas for Foreign Nationals in Temporary Agricultural Jobs
- H-2B Visas for Foreign Nationals in Temporary Non-Agricultural Jobs
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EB-1 Visas for Immigrant Professors, Researchers, Executives, Managers, and Other Priority Workers
- EB-2 Visas for Immigrant Professionals With Advanced Degrees or Exceptional Abilities
- EB-3 Visas for Immigrant Professionals, Skilled Workers, and Unskilled Laborers
- O Visas for Non-Immigrant Foreign Nationals With Extraordinary Abilities or Achievements
- L-1 Visas for Temporary Intracompany Transfers of Foreign National Executives or Managers
- P Visas for Non-Immigrant Foreign National Athletes, Teams, and Entertainment Groups
- TN Status Allowing Canadian and Mexican Professionals to Legally Enter the U.S.
- Family Immigration Options Under the Law
- Investor Visas Providing Legal Status in the U.S.
- Visitor Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Student Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Denials of Visas or Green Cards & Your Legal Options
- Consular Interviews When Seeking a Visa or Green Card
- VAWA Petitions for Foreign Nationals Affected by Domestic Violence & Seeking Legal Status in the U.S.
- How Children of Foreign Nationals Affected by Domestic Violence Can Legally Obtain Immigration Status
- Work Authorization for Foreign Nationals Without Green Cards
- How Foreign Nationals Unable to Return Home Safely May Legally Qualify for Temporary Protected Status
- Asylum for Foreign National Refugees
- Humanitarian Parole for Foreign Nationals With Compelling Needs
- Advance Parole for Foreign Nationals Living in the U.S. Without Green Cards
- Deferred Action for Childhood Arrivals (DACA) and Temporary Legal Protections From Deportation
- Visa Waiver Program for Brief Visits to the U.S. Without Formal Legal Status
- Grounds for Finding a Foreign National Legally Inadmissible to the U.S.
- How the Deportation Legal Process Works
- Appeals of Immigration Decisions Through the Legal Process
- LGBTQ+ Individuals Facing Immigration Legal Issues
- Inspections of Foreign Nationals Seeking to Legally Enter the U.S.
- Unlawful Presence in the U.S. & Legal Penalties
- Tax Law Issues for Visa or Green Card Holders
- Waivers of Legal Inadmissibility to the U.S.
- How a Criminal Record Legally Affects Immigration Status
- How Social Media Use Can Affect Legal Admissibility to the U.S.
- Immigration Law FAQs
- Immigration Legal Forms
- Find an Immigration Law Lawyer
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