EB-1 Visa Lawyers in New York City: Your Path to U.S. Permanent Residency

Understanding the EB-1 Visa: A Priority Green Card Category

The EB-1 visa, officially known as the Employment-Based First Preference visa, is designed for foreign nationals who demonstrate exceptional abilities or are highly accomplished in their respective fields. This category is highly sought after due to its priority processing and the fact that, for some subcategories, it does not require a labor certification or a specific job offer, significantly streamlining the green card process.

Types of EB-1 Visas:

EB-1A: Individuals with Extraordinary Ability

The EB-1A visa is reserved for individuals who have demonstrated extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. This is a self-petitioning category, meaning you do not need a U.S. employer to sponsor you. To qualify, applicants must meet at least 3 of the 10 criteria set by USCIS, or provide evidence of a one-time achievement (e.g., a major internationally recognized award like a Nobel Prize or Olympic Medal).

Criteria for EB-1A (Must meet at least 3 of 10):

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
• Membership in associations in the field which require outstanding achievements of their members, as judged by recognized national or international experts.
• Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field.
• Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
• Authorship of scholarly articles in professional or major trade publications or other major media.
• Display of the alien’s work in the field at artistic exhibitions or showcases.
• Performance of a leading or critical role in distinguished organizations.
• Command of a high salary or other significantly high remuneration for services, in relation to others in the field.
• Commercial successes in the performing arts.
• Evidence of judging the work of others in the same or an allied field.

EB-1B: Outstanding Professors and Researchers

The EB-1B visa is for outstanding professors and researchers who are internationally recognized for their outstanding achievements in a particular academic area. This category requires a job offer from a U.S. university or research institution. Applicants must have at least three years of experience in teaching or research in their academic area and meet at least 2 of the 6 criteria established by USCIS.

Criteria for EB-1B (Must meet at least 2 of 6):

• Receipt of major prizes or awards for outstanding achievement in the academic field.
• Membership in associations in the academic field which require outstanding achievements of their members.
• Published material in professional publications written by others about the alien’s work in the academic field.
• Participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field.
• Original scientific or scholarly research contributions in the academic field.
• Authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

EB-1C: Multinational Executives and Managers

The EB-1C visa is for multinational executives and managers who are being transferred to the U.S. to work for a qualifying employer. To be eligible, the applicant must have been employed outside the U.S. for at least one year in the preceding three years by a firm or corporation, and seeking to enter the U.S. to continue to render services to the same employer or to a subsidiary or affiliate thereof in a managerial or executive capacity.

Requirements for EB-1C:

• The U.S. employer must have been doing business for at least one year.
• The applicant must have been employed abroad in a managerial or executive capacity for at least one year out of the three years immediately preceding the petition.
• The applicant must be coming to the U.S. to work in a managerial or executive capacity for the same employer, or a subsidiary or affiliate.