Every aspect of the American economy has profited from the contributions of immigrants.
President John F. Kennedy
216 companies on the Fortune 500 were founded by immigrants or their children.
This elite visa category is reserved for persons have an extraordinary ability, outstanding professors or researchers, and for multinational executives or managers (EB1 extraordinary ability category). Usually there are no long waiting times and a labor certification is not required for this category.
Each occupational category has certain requirements that must be met:
a. Extraordinary Ability.
To qualify for EB1 extraordinary ability category, you must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required. Applicant may file a self-petition.
Criteria for Demonstrating EB1 extraordinary ability: You must show evidence of receipt of a one-time major achievement (i.e., Pulitzer, Oscar, Olympic Medal), OR you must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence;
- Evidence of your membership in associations in the field which demand outstanding achievement of their members;
- Evidence of published material about you in professional or major trade publications or other major media;
- Evidence that you have been asked to judge the work of others, either individually or on a panel;
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media;
- Evidence that your work has been displayed at artistic exhibitions or showcases;
- Evidence of your performance of a leading or critical role in distinguished organizations;
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field;
- Evidence of your commercial successes in the performing arts.
b. Outstanding Professors and Researchers.
You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years of experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
You must have an employer file a visa petition for you. Self-petition is not allowed in this category.
You must include documentation of at least two listed below and an offer of employment from the prospective U.S. employer.
Examples of Documentary Evidence That a Person is an Outstanding Professor Or Researcher:
- 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.
c. Multinational Manager or Executive.
To qualify, you must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.
You must have an employer file a visa petition for you. Self-petition is not allowed in this category.
This category is generally reserved for large multinational corporations, however, it might be possible for a smaller business entity to qualify.
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