Hussain, Bendersky & Liston LLC

350 N. Clark St. 

Suite 600

Chicago, IL 60654

312-464-9330

EB-1 Professionals

EB-1 visas are given to professionals who are the most accomplished and able in their specific field, whether it is business, education, research, or art. There are several categories of EB-1 visa:

 

EB-1A Visa: Alien of Extraordinary Ability

EB-1B Visa: Outstanding Researcher or Professor

EB-1C Visa: Manager and Executive Transfers

 

There are a couple clear benefits that the EB-1 visa offers those that qualify. The first is that an EB-1 application does not require pre-approval of a permanent labor certification application (LCA). It can be expected that getting this approval from the U.S. Department or Labor will take about seven months. Determining the prevailing wage for a position, a component of the permanent LCA, will take about two months. The time saved for those who qualify is thus significant for employers. The other benefit is that priority dates for the EB-1 visa categories are almost always current. This means that while some immigrants to the U.S. need to wait years, or even decades, to adjust their status to legal permanent resident, EB-1 visa holders can immediately adjust their status. 

A person may be eligible for an employment-based, first-preference visa if they are a multinational executive or manager, have an extraordinary ability, or are an outstanding professor or researcher. Each occupational category has certain requirements that must be met:

Multinational Manager or Executive: 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 must be seeking to enter the United States to continue service to that firm or organization. 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. Petitioning employer must be a U.S. employer. 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. Most L-1A visa holders will qualify for this EB-1 category. 

Extraordinary Ability: Must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Achievements must be recognized in the field of expertise through extensive documentation. No offer of employment is required. Must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement that is internationally recognized as one of the highest honors such as the receipt of a Pulitzer Prize, Oscar, or Olympic Medal.

Outstanding Professors and Researchers: Must demonstrate international recognition for outstanding achievements in a particular academic field. Must have at least 3 years experience in teaching or research in that academic area. 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. The statute also provides for the employer to be a private company if the employer has at least 3 full-time research employees and has achieved documented accomplishments in the academic field in which the position is offered. Must include documentation of at least 2 of 6 criteria** listed below and an offer of employment from the prospective U.S. employer.

*Criteria for Demonstrating Extraordinary Ability
You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence

  • Membership in associations in the field which demand outstanding achievement of their members

  • Published material about you in professional or major trade publications or other major media

  • Invitations to judge the work of others, either individually or on a panel

  • Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

  • Authorship of scholarly articles in professional or major trade publications or other major media

  • Work that has been displayed at artistic exhibitions or showcases

  • Performance of a leading or critical role in distinguished organizations

  • History of commanding a high salary or other significantly high remuneration in relation to others in the field

  • Commercial successes in the performing arts

**Examples of Evidence That A Person is an Outstanding Professor Or Researcher:

  • Receipt of major prizes or awards for outstanding achievement

  • Membership in associations that require their members to demonstrate outstanding achievement

  • Published material in professional publications written by others about the alien's work in the academic field

  • Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field

  • Original and significant scientific or scholarly research contributions in the field

  • Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field