EB1 Visa Guide: Overview of the 3 EB1 Visa Categories

EB1 Visa Guide - Overview of the 3 EB1 Visa 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 Michael@AshooriLaw.com. I’m very responsive via email and would be happy to assist you.

 

Overview:

1. Introduction to EB1 Visa

2. EB1A Visa

3. EB1B Visa

4. EB1C Visa

5. Conclusion

 

1. Introduction to EB1 Visa

 

The EB1 visa, also called the “Employment-Based First Preference,” is an immigrant visa classification. 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 3 separate categories which are very different from each other and have different requirements for approval.

 

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. 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

 

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

 

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 Michael@AshooriLaw.com. I’m very responsive via email and would be happy to help you.

 

Resources:

 

 

 

 

 

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22:32 05 May 21
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17:14 03 May 21
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22:06 29 Apr 21
Exceptional service, professionalism and respect towards their clients!
LINDA NHAMBU
05:08 23 Apr 21
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02:36 10 Apr 21
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22:44 02 Apr 21
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16:14 25 Mar 21
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17:08 19 Mar 21
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22:01 11 Mar 21
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04:25 11 Mar 21
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23:59 10 Mar 21
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Mahendra Satya
22:27 05 Mar 21
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19:05 05 Mar 21
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03:41 05 Mar 21
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Sarbjit Singh
04:49 25 Feb 21
Michael Ashoori is the Quickest ANSWERING Immigration Lawyer in the entire USA, even it’s 08:38 pm In west cost Los Angels and I texted him thru google and he immediately replied to me Question and answer booked my Free appointment for tomorrow... which is gonna be February 25 ,Well I feel very positive about it so let’s see what happens TomorrowJust want to sayThank you MichaelBestSabiread more
Ale
00:03 24 Feb 21
Karla Samayoa was very knowledgeable regarding my case and gave me thorough advise. She was very professional and kind. I will definitely look of Ashoori Law's help should I have a case to proceed further. I recommend to contact them for your legal... case regarding immigration.read more
Harim
01:10 10 Feb 21
Ashoori Law was very helpful throughout the whole process of applying for a travel document (re-entry permit). I asked them to process my case ASAP and they tried their best to expedite the process. They were informative and responsive. The most... helpful part was their prompt responses to my emails, especially given the pandemic situation. Also, their online system for filling out necessary documents was convenient and allowed me to easily track my case status. Overall, I definitely recommend working with them!read more
Natasha Methwani
00:49 10 Feb 21
We are really impressed with their services. Really professional, knowledgeable, up to date with all immigrantation changes. Our case got approved. We will recommend them for any immigration services.
Jaskiran Dhillon
17:05 03 Feb 21
My friend Ujjwal recommended Mr. Rohit Srinivasa. Had an amazing consultation with Rohit. He was very helpful and kind. He gave me ample time, guidance and resolved all my queries. I am looking forward to work with Ashoori Law Firm. Keep it up,... Rohit. Good Luck.read more
Emily S.
16:00 26 Jan 21
When I decided to engage an immigration attorney in December, I knew I needed someone that had a track record of successful execution, had a support team that could collaborate to expedite the timeline, communicated professionally, and most... importantly, was confident in my ability to get the case approved.I interviewed thirteen highly experienced immigration attorneys that were recommended by my extensive business network. I came across many issues. First of all, I was quoted astronomically high rates with long timelines. I was recommended visas that did not fit my needs, which would ultimately result in more lengthy filings and high fees. Many of these attorneys had their own private practice where they had a bias towards one type of visa they were specialized in, so they recommended immigration solutions that did not meet my profile whatsoever. Further, they did not have a strong and large enough team so they couldn’t confidently work on an expedited timeline. On the other end of the spectrum were the attorneys who worked at large firms with hundreds if not thousands of employees – they recommended the most expensive and lengthy visas, which were unrealistic for my budget and timeline.When I shared my difficulty finding an immigration attorney with a friend of mine who is a corporate lawyer in Los Angeles, he was quick to recommend Michael Ashoori. After only a few minutes of speaking to Michael on the phone for our initial consult, I knew Ashoori Law could help me with my immigration case because of their customized approach, experienced team and confidence in the visa they were recommending. Over the course of a week, I worked with his team to put together a stellar and thorough case. A few weeks later, we received an approval! Working with the Ashoori Law team on my case was a great experience! I highly recommend Ashoori Law to anyone who needs US immigration services.read more
Roberto GCB
23:38 11 Jan 21
My experience with Ashoori Law was really! Lahaina Araneta helped me through out all of my visa process and everything was really amazing. They really pay attention to every detail and try to deliver the best case possible. Totally recommend it!
Sameer Agashe
23:08 29 Dec 20
Keep up the good work!
Yousuf Dadi
02:34 29 Dec 20
I had a great experience with Ashoori law Working with Lahaina has been great. She is very professional and knowledgeable in her field. I would strongly recommend this firm. I would like to thank all team of Ashoori Law from bottom of my heart.... They respond me immediately when i need their help, I appreciate all that they have done for me.your consideration,guidance,help and time. Thanks in bunchesread more
Rhys Gray
22:07 28 Dec 20
Rohit is a credit to the company. Really took the time to listen to & understand our situation, then talked us through all of our suitable options clearly & concisely with a friendly & pressure-free manner. Absolutely would recommend to anyone who... needs help & guidance in navigating what can be an incredibly confusing processread more
karla marro
05:23 22 Dec 20
Michael and Lahaina are the best they support me from the beginning and always answering my questions and concerns and following up so I super recommend them !
3 Dots IT Solutions
18:20 07 Dec 20
I just want to say Ashoori Law firm has been the best I ever dealt with. Starting from the front desk receptionist, everybody is very professional and responsive. Lahaina is my attorney whom I worked with. She is very well organized and guided me on... the right direction towards a successful approval of H1 for my consultant. To my surprise, there wasn't a RFE at all. Thanks so much for your service and I would highly recommend them for any immigration related service.read more
Art E
18:49 30 Nov 20
After multiple, futile attempts to seek Immigration Attorneys who are knowledgeable in worker visas (specifically L1A), we were finally able to find Ashoori Law! Our first L1A case submitted to Ashoori Law was successfully APPROVED. Despite the... most recent restrictions and suspensions with worker visas, Ashoori Law was able to put forth a compelling petition. Ashoori Law's internal processing systems and network of subject matter experts makes submitting a petition much easier and understandable. Highly recommended!read more
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Michael Ashoori Headshot

Michael Ashoori, Esq.

U.S. Immigration Lawyer

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.