EB-1 Visa Guide: Overview of the 3 EB-1 Categories

The EB1 visa is an immigrant visa classification which is broken in to 3 distinct sub-categories: 1. EB1A for people with extraordinary abilities; 2. EB1B for outstanding professors and researchers; and 3. EB1C for multinational managers and executives.

In this guide, I will discuss each of the 3 categories of the EB1 visa.

If you have any questions, please feel free to email me directly at contact@ashoorilaw.com. I’m very responsive via email and would be happy to assist you.

1. Introduction to EB1 Visa

The EB1 visa, also called the “Employment-Based First Preference,” is an immigrant visa classification for individuals who meet specific eb1 green card qualifications. An EB1 visa qualifies a successful petitioner for a green card to the United States (lawful permanent residency). In addition, a successful petitioner’s spouse and children may also qualify for green cards.

One of the interesting aspects of the EB1 visa is that it has three separate categories, each with different eligibility requirements and immigrant visa classifications, including those that may fall under the e16 green card category.

These 3 categories are:

• EB1A for people with extraordinary abilities
• EB1B for outstanding professors and researchers
• EB1C for multinational managers and executives

Now let’s discuss each of these categories.

2. EB1A Visa

i. Overview

The first category within the EB1 visa is EB1A. The EB1A visa is reserved for people that have an extraordinary ability in the sciences, arts, athletics, business, or education and is one pathway to an eb 1 green card. To qualify for an EB1A visa, you must show that you are one of the few who has risen to the top of your field.

One of the main benefits of the EB1A visa is that it allows for self-petition. This means that you do not need a company to sponsor you for an EB1A visa. Instead, you can file a petition on your own behalf.

ii. Requirements

To qualify for an EB1A visa there are 3 main requirements:

1. You are an individual with an extraordinary ability
2. You will continue to work in your area of extraordinary ability once you are in the United States
3. Your presence in the United States will provide a substantial benefit to the country.

1. You are an individual with an extraordinary ability

To qualify for an EB1A visa, you must show that you have an extraordinary ability. You can prove this by showing that you’ve received a major international award such as an Oscar or the Nobel Peace Prize. However, if you haven’t won such an award, you can still qualify if you meet at least 3 of the 10 criteria listed below.

Criteria for Extraordinary Ability

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence in your field of endeavor

• Membership in associations in your field of endeavor, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields

• Published material about you, in professional or major trade publications or other major media, relating to your work in your field of endeavor

• Participation, either as an individual or as part of a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought

• Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field of endeavor

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

• The display of your work in your field at artistic exhibitions or showcases

• You have performed in a leading or critical role for organizations or establishments that have a distinguished reputation

• You have commanded a high salary or other significantly high remuneration for services, in relation to others in your field

• You have achieved commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

Here is a link to my EB1A visa guide which has more details on this requirement.

2. You will continue to work in your area of extraordinary ability once you are in the United States

To qualify for an EB1A visa, you must also show that you will continue to work in your area of extraordinary ability once you are in the United States. You can prove this by submitting evidence such as a job offer, contracts to work in your field, or other similar evidence.

3. Your presence in the United States will provide a substantial benefit to the country.

To qualify for an EB1A visa, you must also show that your presence in the United States will provide a substantial benefit to the country. Typically, this requirement can be met by showing that you will work in your field of extraordinary ability.

3. EB1B Visa

i. Overview

The second category of the EB1 visa is EB1B. The EB1B visa is reserved for outstanding professors and researchers. To qualify for an EB1B visa, you must show that you are recognized as being outstanding in your academic field. This standard is slightly lower than the “extraordinary ability” standard required for EB1A.

ii. Requirements

To qualify for an EB1B visa there are 3 main requirements:

1. You are an internationally recognized as being outstanding in an academic field
2. You have at least 3 years of experience teaching or conducting research in your field
3. You have a job offer in the US to work as a researcher or in a teaching position.

1. You are an internationally recognized as being outstanding in an academic field

To qualify for an EB1B visa, you must show that you are internationally recognized as outstanding in your field. To prove this, you must properly satisfy at least 2 of the 6 categories listed below.

Criteria for EB1B:

• You have received major prizes or awards for outstanding achievement in your academic field

• You are a member of associations within your academic field which require outstanding achievement to be a member

• There is published material written by others, in professional publications, about your work in the academic field

• You have participated, as an individual or on a panel, as a judge of the work of others in your academic field or in an allied academic field

• You have original scientific or scholarly research contributions in your field

• You have authored scholarly books or articles in scholarly journals in your academic field

 If one of these criteria does not apply to the evidence you intend to submit, you may submit comparable evidence.

2. You have at least 3 years of experience teaching or conducting research in your field

To qualify for an EB1B visa, you must also show that you have 3 years of experience teaching or conducting research in your field. All 3 years of experience should be completed prior to filing the petition for your EB1B visa.

3. You have a job offer in the US to work as a researcher or in a teaching position.

To qualify for an EB1B visa, you must also show that you have a job offer in the United States to work in a teaching position or as a researcher.

There are 3 types of job offers that will satisfy this requirement: 1. Job offer as a teacher for a university or institution of higher education; 2. Job offer as a researcher for a university or institution of higher education; or 3. Job offer as a researcher for a private employer.

See my EB1B visa guide for more details on this requirement.

4. EB1C Visa

i. Overview

The third category of the EB1 visa is EB1C. The EB1C visa is reserved for multinational managers and executives. Interestingly, the EB1C visa is much different than the EB1A and EB1B visa categories.

The EB1C visa allows a foreign company to transfer a manager or executive to a related US company. One of the primary benefits of the EB1C visa is that is does not require the US company to get a labor certification through the Department of Labor. Rather, the US company can directly offer the foreign worker a job.

ii. Requirements

To qualify for an EB1C visa there are 5 main requirements:

1. There must be a qualifying relationship between the foreign company and the US company

• There are 3 types of relationships that satisfy this requirement: 1. Parent/subsidiary; 2. Affiliate; or 3. Branch office.
• See my EB1C visa guide for definitions on each of these qualifying relationships.

2. The EB1C visa beneficiary must have worked continuously for the foreign employer for at least 1 year within the last 3 years prior to filing the EB1C petition

• If the visa beneficiary is already working for the US company, then they must have worked for the foreign employer for 1 year within the 3 years prior to beginning their work for the US company.

3. The EB1C visa beneficiary must have worked for the foreign company as a manager or executive

• See my EB1C visa guide for a detailed analysis of what qualifies as a manager or executive.

4. The EB1C visa beneficiary must have a job offer to work for the US company full-time as a manager or executive

5. The US company must have been doing business for at least 1 year prior to filing the EB1C petition.

5. Conclusion

The EB1 visa is an immigrant visa classification that is divided into 3 separate sub-categories: 1. EB1A for people with extraordinary abilities; 2. EB1B for outstanding professors and researchers and 3. EB1C for multinational managers and executives.

Each of these sub-categories has their own distinct requirements for approval.

If you have any questions, or if you need help getting your EB1 visa, please feel free to email me directly at contact@ashoorilaw.com. I’m very responsive via email and would be happy to help you.

Resources:

• EB1A Visa Guide: Everything You Need to Know About the EB1A Visa

• EB1B Visa Guide: Everything You Need to Know About the EB1B Visa

• EB1C Visa Guide: Everything You Need to Know About the EB1C Visa

• 8 CFR Section 204.5