EB-1 Extraordinary Ability & Manager/Executive
What is an EB-1 visa?
EB-1 visas are available for nonimmigrants applicants who demonstrate extraordinary ability, are outstanding professors and researchers or are certain multinational executives or managers.
- Workers of Extraordinary Ability in the Sciences, Arts, Education, Business, or Athletics
- A level of expertise that places the applicant at the top of his/her field as shown by national or international acclaim.
- The applicant must continue to work in the field of expertise.
- The admission of the applicant must continue to benefit the U.S.
- Outstanding Professors and Researchers
- Recognized internationally as an outstanding teacher or researcher in a specific academic area as evidenced by specific documentation.
- Applicant has at least 3 years of experience in teaching or research in the academic area and has a prospective job with an approved institution of higher learning or private employer.
- Certain Transferring Multinational Executives and Managers
- Employed by an entity that is related to the entity abroad where the applicant worked as a manager or executive for at least one year during the last 3 years preceding admission.
- Petitioner (employer) must be a U.S. employer doing business in the U.S. for at least one year.
- Petitioner must be offering the applicant a job in an executive or managerial capacity.
- The employment abroad was with the same petitioner or a parent, affiliate, or subsidiary of the petitioner.
Applying for an EB-1 visa
To obtain EB-1 visa for Extraordinary Ability you may file a Form I-140, Immigrant Petition for Alien Workers, yourself. For the other categories, the U.S. employer must file the Form I-140.
Can my family accompany me?
Spouses and unmarried children under 21 may be eligible to apply for admission to the U.S. under an E-14 or E-15 immigrant status.
Please note that the EB-1 visa is often compared to the O-1 visa and could cause some confusion. The most significant difference between the two visas is that the EB-1 provides permanent residency, while the O-1 only allows temporary residence. O-1 visa holders also require a sponsor to apply for a green card after several years in the United States.