EB-1 Preference Category

There are approximately 140,000 green cards available each year for individuals seeking to immigrate to the US based on their job skills. These green cards are divided into preference categories. The first preference category or classification is known as EB-1.

To schedule an initial consultation related to your EB-1 eligibility, contact today.

EB-1 Preference Category Eligibility

The EB-1 preference category is reserved for three types of professionals:

• (EB-1A) persons of extraordinary ability in the sciences, arts, education business or athletics;
• (EB-1B) outstanding professors or researchers; and
• (EB-1C) multinational executives and managers.

Each of these EB-1 categories has specific criteria that must be met to qualify

Not sure which category is relevant for your EB-1 application? Talk with an experienced immigration lawyer.

EB-1A Category: Extraordinary Ability

To be eligible for the extraordinary ability category for an EB-1A, the applicant must show that they have an extraordinary ability in one of the following fields:

• Sciences
• Arts
• Education
• Business
• Athletics

The EB-1A applicant that is eligible for this category also must demonstrate this extraordinary ability in one of the above fields by obtaining consistent national or international acclaim. Qualified applicants in the extraordinary ability category must have their achievements recognized in their professional field and must be able to document this recognition. Applicants in the extraordinary ability category for an EB-1A are not required to have an offer of employment.

Applicants have to provide evidence of their extraordinary ability by meeting 3 of the 10 criteria for an EB-1A in the extraordinary ability category. Alternatively, evidence of a one-time achievement can be used as evidence of extraordinary ability instead of fulfilling 3 of 10 criteria for this category. Examples of a one-time achievement include, but are not limited to, Pulitzer Prizes, Oscar awards or an Olympic Medal.

The list of criteria that qualifies an applicant for an EB-1A in the extraordinary ability category includes:

• Proof that the applicant has received lesser nationally or internationally recognized awards of excellence
• Proof that the applicant is a member of a professional association in their respective field that requires extraordinary achievement to be a member of the professional association
• Proof of published media about the applicant in major trade publications or major media
• Evidence that the applicant has served as a judge for the work of others. To meet this criteria, the applicant would have experience as an individual judge or a member of a judge’s panel
• Proof of the applicant’s original and significant contributions to their respective professional field
• Proof that the applicant has authored scholarly articles in major trade publications or media
• Proof of the applicant’s work being on display at art exhibits or showcases
• Proof of the applicant fulfilling a leading or critical role in a renowned organization
• Proof that the applicant’s abilities demand a high salary or compensation relative to others in their industry
• Proof that the applicant has commercial success in the field of performing arts (examples: box office receipts or music sales)

It’s very difficult to prove extraordinary ability, as this category is intended for professionals who are among the best in their respective field. Because of this, it’s important that the evidence an EB-1A applicant includes in their application is relevant and representative of their abilities and contributions. Janet Moon is experienced in helping clients provide the necessary evidence to meet criteria for the extraordinary ability category for an EB-1A. To get help from an experienced immigration lawyer, contact today.

EB-1B Category: Outstanding Professors and Researchers

To be eligible for an EB-1B outstanding professor and researcher category, the applicant must show that they’ve achieved international recognition for their outstanding achievements in a specific academic discipline. EB-1B applicants in the outstanding professors and researchers category must also have a minimum of 3 years experience in their academic discipline in the form of teaching or research. Unlike the extraordinary ability category, EB-1B applicants in this category must be coming to the United States to obtain a teaching position with tenure or a comparable research position.

Applicants for the outstanding professors and researchers category must must provide evidence that they fulfill a minimum of 2 of the 6 criteria for this category. EB-1B applicants in this category must also have a job offer in the United States.

The 6 criteria in the outstanding professors and researchers category include:

• Evidence of receipt of major prizes or awards for outstanding achievement
• Evidence of membership in associations that require their members to demonstrate outstanding achievement
• Evidence of published material in professional publications written by others about the alien's work in the academic field
• Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
• Evidence of original scientific or scholarly research contributions in the field
• Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

Because of the highly specific requirements for the professors and researchers category of an EB-1B, it’s very important that an EB-1B application is completed thoroughly and with enough evidence to prove that an applicant meets the criteria. Failing to provide a complete and thorough EB-1B application risks delaying your career plans for what could be years. Janet Moon, Esq. can help with the EB-1B application process.

For professional guidance, schedule a consultation today.

EB-1C Category: Multinational Managers or Executives

People who are eligible for an EB-1C in the multinational manager or executive category have their own set of requirements that must be met that are different from the other categories for an EB-1C.

Applicants for the multinational manager or executive category must have worked outside the US for at least 1 of the last 3 years and be seeking to enter the US to continue working for that firm. A successful applicant must show that they worked abroad in an executive or managerial capacity.

Additionally, an EB-1C applicant’s employer must be an employer in the United States. To be eligible for an EB-1C, the applicant’s employer must have been conducting business in the U.S. as an affiliate, subsidiary or other legal entity of the corporation for at least 1 year.

How Do I Apply?

All EB-1 applications are made using Form I-140, known as a Petition for an Alien Worker. Applicants for the EB-1A category can self-petition, which means that they do not require a US employer to petition for them. However, the EB-1B and the EB-1C categories do require that a US employer file the I-140 Petition on behalf of the applicant.

Don’t Risk Stalling Your Career. Contact An Experienced Immigration Lawyer Today.

Improperly filed or incomplete EB-1 applications can delay the approval process, keeping your career plans on hold for a lengthy period of time, possibly years.

For an initial consultation, contact today.