EB-1 Visa

The EB-1 preference category is the most desired option for foreign nationals to obtain permission to work and live permanently in the U.S.  Since it’s a “first preference” category, individuals who apply under this category receive priority dates that are for the most part almost always current. 

At Garvish Immigration Law Group, our EB-1 visa attorneys work with corporations and individuals to help explore the employment-based visa options available to them. We’re here to guide you through the EB-1 green card process and ensure that it goes as smoothly as possible. 

Contact us today to speak to an experienced Atlanta business immigration attorney about your employment-based visa options. 

Individuals who qualify under extraordinary ability, outstanding professors and researchers, and multinational managers/executives may be eligible for an EB-1 green card. However, you must meet the following criteria to qualify under each category. 

Eligibility under the EB-1 visa category requires an individual to demonstrate extraordinary ability in education, arts, science, business, athletics, or national/international acclaim. 

To qualify under the extraordinary ability category, you must meet at least three of the ten criteria listed below. 

1. Evidence that you’ve received national or international recognition for excellence in your field. 
2. Proof of membership in professional associations that require outstanding achievement as a prerequisite to join.
3. Verifiable published materials about your professional accomplishments. 
4. Evidence that you’ve been requested to judge the ability of others within your field, whether individually or part of a panel of judges. 
5. Proof of significant contributions to your field (i.e., scientific, scholarly, business-related, artistic, etc.).
6. Authorship of scholarly articles within your field of expertise.
7. Evidence that your artwork has been displayed in exhibits or showcases. 
8. Proof of performance while leading or holding a critical position within a distinguished organization. 
9. Evidence that you earn a high salary and/or other forms of substantial income in relation to your peers. 
10. Proof of success commercially within your industry

If you don’t meet three out of ten of the qualifications listed above, there is another option. You must provide proof of a one-time, significant, lifetime achievement award (i.e., Oscar, Pulitzer, Nobel Peace Prize, etc.). Further, you must provide evidence that you plan to continue work within your field. 

Thousands of outstanding professors and researchers vie for EB-1 visa approval every year. However, only the most qualified are granted an EB-1 green card. You must have at least three years of experience teaching or research in your field, for starters. 

You must also seek entrance into the U.S. to pursue tenure, tenure track, or similar research roles at an accredited educational institution or private employer. 

Further, to qualify for an EB-1 visa under this category, you must meet (or provide comparable evidence) two of the following six criteria listed below. 

1. Proof that you’ve received awards or significant prizes for professional achievements.
2. Membership in high-level associations that require demonstration of your achievements.
3. Published works in professionally recognized publications authored by others in your academic discipline.
4. Evidence that you’ve judged the work of others within your discipline while on a panel or individually.
5. Verifiable scientific or scholarly research contributions to your field. 
6. Authorship of internationally circulated scholarly books, articles, research papers, etc., within your discipline.

Many multinational corporations hire foreign managers and executives to fill managerial or executive roles within the U.S. 

To qualify for an EB-1 visa under this category, you must work outside the U.S. for at least one out of three years before submitting a petition or the most recent lawful nonimmigrant admission (if already employed by the company petitioning on your behalf). 

Further, you must meet the following criteria: 

• Be in business for a minimum of one year. 
• Have a “qualifying relationship” with the employer you worked for outside of the U.S. 
• The employer intends to hire you as a manager or executive. 

It’s important to note that no Labor Certification is required under this category. 

The EB-1 visa program is a first preference category. That means that it’s highly desirable, competitive and valuable to potential employers and employees. A few of the most commonly cited benefits of the EB-1 program include: 

• No PERM Labor Certification required
• Approval doesn’t require a job offer or permanent position
• You can self-petition (depending on your category)
• Family-based visa approval allowed

“Your Trusted Guide to the American Dream”