The EB1 is a U.S. employment-based first-preference visa open to foreign nationals of three subcategories.
1- EB1A – Foreign nationals with extraordinary ability , 2-EB1B – Outstanding professors or researchers, and, 3- EB1C – Multinational executives or managers
Considered as one of the most important employment-based green card categories, the EB1 visa offers certain advantages and flexibility to foreign nationals that other similar visas don’t. The EB1 green card provides permanent resident status in the U.S. to approved applicants. This implies that once you get permanent residence, you are free to stay in the United States indefinitely and work anywhere in the country. After receiving the EB1 based green card, one can petition for U.S. citizenship. After five years of continuous residency as a green card holder, you will be entitled to apply for citizenship. Such advantages also add to perks of securing an EB1, like shorter wait time, unlike other immigrant visa categories that may take years. Additionally, applicants of the EB1 visa don’t necessarily need to obtain Labor Certification via the Department of Labor, which serves as one of the major requirements in multiple other employment-based visas.
You are eligible to opt for an EB1 visa if –
EB1A – You’re a foreign national with extraordinary ability
Under this clause, as an applicant for an EB1 visa, the beneficiary must demonstrate extraordinary ability in the field of arts, sciences, business, education, or athletics via sustained international or national level acclaim. Further, the achievements in such a case must be recognized via extensive documentation of progress in the suggested field. Remember, the beneficiary doesn’t necessarily need to possess a an offer of employment,. However, the evidence may prove that you intend to move to the United States to pursue a career in your area of expertise.
EB1B – Outstanding professors and researchers
To apply for an EB1B visa category, the beneficiary must demonstrate international level recognition for excellent achievements in a particular academic field. Further, such a claim should be backed by at least three years of experience in researching or teaching in the suggested academic area. Remember, for application under this category, the beneficiary must have a job offer from any institution of higher learning, university, division, institute of a private employer, or a department. Also, the beneficiary needs to ensure that the purpose for entering the U.S. is for tenure track teaching, pursue tenure, or a comparable research position at any other higher educational institution or university or a private employer.
EB1C – You are a foreign national who’s a multinational manager or executive
The beneficiary must have been employed outside the United States for at least one year in the three years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The petitioner employer in the U.S. must have been doing business for at least one year, 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.
Labor certification is not required.