The EB-1 category is open to:
- Individuals with extraordinary ability in the arts, sciences, education, business or athletics.
- Outstanding professors or researchers.
- Managers and executives soon to be transferred to the United States.
Individuals with Extraordinary Ability
USCIS defines foreign nationals with extraordinary skills as "individuals with extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." This category is for people who have received the Nobel Prize or similar awards. However, as there are very few people who receive these awards, there are other ways of proving your own extraordinary ability.
To apply under this category you must submit at least three of the following requirements as documentary evidence along with your application to USCIS:
- Receipt/ Proof of lesser recognized prizes or awards for excellence.
- Membership in associations in your area, which demand outstanding achievement of their members.
- Articles published about you in major publications and other media.
- Proof that you have judged others' works as an individual or on a panel.
- Proof that you have made original contributions to your field.
- Proof that you have published articles about your field in major publications and other media.
- Proof that your work has been showcased or displayed in exhibitions.
- Proof that you hold a leading or critical role in a distinguished organization.
- Proof that you receive high payments for your work in relation to your peers.
- Proof of commercial success in the performing arts.
Outstanding Professors and Researchers (E12 Immigrants)
In order to be classified as an outstanding professor or researcher, you:
- Should be internationally recognized in your field.
- Should have at least three years experience in research or teaching in your field.
- Should have a job offer from an accredited university/ institution for higher education to work in a tenure-track teaching/comparable research position in your field.
- Your job offer can also be for a permanent research position with a private institution, provided the department/division/ institute has employed at least three full-time researchers and has documented accomplishments in your academic field.
To apply under this category, you must submit any two of the following documents as evidence along with your application to USCIS:
- Receipt of major prizes or awards for outstanding achievement.
- Membership in associations in your area, which demand outstanding achievement from their members.
- Articles about you that have appeared in major publications.
- Proof that you, have judged work of others in the same area or allied academic field, either as an individual or on a panel.
- Proof that you have made original scholarly contributions to your field.
- Proof that articles written by you have been published in major publications
- Proof that you have authored books on a subject in your area of expertise.
For Managers and Executives (E13 immigrants)
The Eb-1 category allows many multinational companies to transfer their executives or managers to the United States from their parent/affiliate/ subsidiary/branch offices outside the US.
In order to apply under this category, you must have documents to prove that:
- You have worked as a manager or executive in an overseas office of your U.S. Sponsor for at least one out of the three years preceding the transfer to the United States.
- You will be joining the same/affiliate/subsidiary/parent company in the U.S. as an executive or manager. You may already be in the U.S. with a non-immigrant visa status (under the L-1A or one of the E visa classifications).
- The U.S. Company (your sponsor) must show that it has been a parent/subsidiary/affiliate/branch office of the company overseas and conducting business with it for at least one year.
Procedure for Applying for an EB-1 Visa
Individuals with extraordinary ability do not need an employer to file for their visa. You can file for the visa yourself (self-petition). All other EB-1 petitions have to be filed by the employer.
Note: Labor certification is not required for EB-1 petitions.
In order to apply under the EB-1 category, you have to submit a completed application (USCIS Form I-140, Petition for Alien Worker) along with all the supporting documents at a USCIS Regional Service Center, which has jurisdiction over the area of your proposed employment.