An important aspect of the EB-1 Visa types is that they may provide an alternative to PERM labor certification; in instances where PERM is either undesirable or not an option
Contents
EB-1A “Extraordinary Ability” Category
The EB-1A category applies to Aliens of “Extraordinary Ability”. Candidates applying for the EB1 category may proceed with the EB-1A petition without a labor certification or a job offer (i.e. an employer sponsorship). Any alien living in the U.S. may apply for EB-1A if they satisfy the following general principles:
- Alien has extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim.
- Alien’s achievements have been recognized in the field through extensive documentation.
EB-1B “Outstanding Researcher or Professor” Category
The EB-1B Visa recognizes an “Outstanding Researcher or Professor”. Individuals who fit into this category are recognized as outstanding in a particular field. The requirements for an EB-1B Visa are:
- Beneficiary should be recognized internationally in a particular field
- Beneficiary should possess three (3) years of relevant teaching or research experience
- The beneficiary should seek to enter the United States for a tenured or tenure-track position within a university of higher education teaching in the specified academic field
Research positions with private employers differ somewhat. For positions with private employers, the private institution must employ at least three (3) full-time employees in research activities and must have achieved documented success in a particular academic field
EB-1C “Managers and Executive Transferees” Category
The EB-1C Visa category was created for managers and executives who currently meet L1-A non-immigrant standards and want to become lawful permanent residents. The major difference between L-1A and EB-1C is the permanent nature of the EB-1C visa. Immigrant petitioners seeking the the EB-1C immigrant category will have a stronger case if they were in prior L-1A status.
Things to Consider
EB-1A, EB-1B and EB-1C visas each carry unique complications. This website provided a basic definition of the EB-1 Visa type but, there are many important concepts contained within petition guidelines which make consultation with a legal expert essential.
How We Can Help You
Fairfax EB-1 attorney Beeraj Patel has handled numerous EB-1 cases in each of the EB-1A, EB-1B and EB-1C categories. He understands how to effectively frame a petition so that it accurately captures all of the important aspects and talents of a petitioner, creating the best odds for success, He is available to:
- Help determine eligibility for each unique EB-1 category
- Develop a successful strategy for preparing and submitting a unique and fitting petition