Cortes Immigration

Employment-Based Green Card categories explained Part 1: EB-1

There are 5 different categories of employment-based green card to the United States. We are going to walk you through all of them, starting with Visa EB-1.

According to USCIS Government webpage, EB-1 Visa, popularly known as “Einstein Visa”, is granted to professionals with extraordinary abilities, outstanding professor or researcher, or certain multinational executive or manager. Each of these subcategories has different requirements for eligibility.

To be considered a professional with extraordinary ability, the applicant must meet at least 3 of the 10 criteria shown on the list below or provide evidence of a one-time achievement (for instance, an Oscar or Olympic medal), in addition to providing evidence that the applicant will continue to work in the area of expertise. In this case, the applicant does not need an offer of employment or labor certification to be eligible.  

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence.
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members.
  • Evidence of published material about you in professional or major trade publications or other major media.
  • Evidence that you have been asked to judge the work of others, either individually or on a panel.
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media.
  • Evidence that your work has been displayed at artistic exhibitions or showcases.
  • Evidence of your performance of a leading or critical role in distinguished organizations.
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field.
  • Evidence of your commercial successes in the performing arts.

To be eligible as an outstanding professor or researcher, the applicant needs to meet at least 2 of the 6 criteria provided on the list below. In addition, in this subcategory, the applicant needs to provide an offer of employment to be eligible, but no labor certification is required.

  • Evidence of receipt of major prizes or awards for outstanding achievement.
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement.
  • Evidence of published material in professional publications written by others about the noncitizen’s work in the academic field.
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field.
  • Evidence of original scientific or scholarly research contributions in the field.
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

For certain multinational manager or executive, the applicant must have been employed outside the U.S. for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if the applicant is already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity the applicant worked for outside the U.S., and intend to employ the applicant in a managerial and executive capacity. In this case, no labor certification is needed.

if you case is approved and you are married and/or have an unmarried child under the age of 21, they may be eligible to apply for admission to the United States.

It’s important to consult with an experienced professional to assess your possibilities.

Cortes Immigration Law Firm welcomes you for a free consultation to assess your eligibility. Our knowledgeable team is ready to work relentlessly for you to reach your immigration goals.

Source: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1