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EB 1 Extraordinary Ability

EB 1-A Immigrant Status allows the “best and brightest” immigrants to gain permanent residency in the United States based upon their “extraordinary abilities.”   We help individuals from foreign nations, who are on top of their respective fields obtain citizenship through this special program.   EB 1-1 offers its recipients many immigration benefits, including the ability to self-petition without a prospective employer.  We help our clients skip the labor certification process, premium process, and obtain permanent residency as quickly and efficiently as possible.

The EB 1-A Immigrant status is available to individuals with professions in education, sciences, arts, business or even athletics.  We will advise you on whether you meet this criteria of ‘Extraordinary Ability”, which is defined by USCIS regulations as a “level of expertise indicating that the individual is one of those few who have risen to the top of the field of endeavor.”  Extraordinary ability can also be demonstrated by receiving a major, international award.

EB-1(B):  Outstanding Professors and Researchers

Under the EB-1(B) program, certain foreign-born outstanding professors and researchers may obtain permanent residence in the United States without having to undergo the labor certification (PERM) process. The EB-1(B) like the other EB-1 categories, can be processed much faster than other employment-based categories.

EB-1(B) candidates require an offer of employment from a prospective U.S. employer, in the form of a letter from a qualifying university or institution of higher education or research, as well as:

1. Have at least three years of experience in teaching or research in the academic area,
2. Have international recognizition as outstanding in his or her field, and
3. Be coming to the United States to:

1. work as a tenure (or tenure-track) teacher at a university; or
2. comparable position with a university or institution of higher education to conduct research in the area; or
3. comparable position to conduct research in the area with a department, division, or institute of a private employer (Note: to qualify, the department, division, or institute must employ 3+ persons full time in research activities and have attained documented accomplishments in an academic field) , and

“Outstanding” is proven by submitting documentation of at least two of the following:

1. The award of major prizes or awards for outstanding achievement;
2. Membership in associations that require their members to demonstrate outstanding achievements;
3. Articles and other content in professional publications written by others about the alien’s work in the academic field;
4. Judging — either on a panel or individually — the work of others in the same or allied academic field;
5. Original scientific or scholarly research contributions in the field;
6. Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

Qualifying Professors and Researchers favor the EB-1(B) classifications due to the relatively speedy processing time from beginning to end. However, a detailed analysis of the prospects of the case at the outset is critical.  Contact our law firm for a detailed evaluation of eligibility. 

Shortly after receiving a copy of your resume, we will provide a recommendation and, in certain cases, an analysis of other possible options, including:  O-1, NIW, H-1B (cap subject and cap exempt) and Labor Certification immigration processes.

EB1(C):  Executives and Managers

The EB1c Visa program is for management and executive level employees seeking permanent residency in the United States.   It is an ideal option for leaders from around the world wishing to relocate with their family to the United States.

To qualify, you must:

1.  Have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer; and 
2. Have been doing business for at least 1 year, and
3. Have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity.