EB-1

Aliens of Extraordinary Ability

INA Sec. 203(b)(1), 8 CFR Sec. 204.5(h)-(j)

A First Preference Immigration Petition (EB-1) is an employment-based petition for permanent residence reserved for those who are among the most able and accomplished in their respective fields within the arts, sciences, education, business, or sports. The most notable advantage for those who qualify for an EB-1 petition is the lack of a Labor Certification requirement.

EB-1A is for Extraordinary Ability in the fields of Science, Education, Business, or Athletics –

Extraordinary ability in the field of science, education, business, or athletics means a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor. The Beneficiary must demonstrate national or international acclaim and recognition for achievements in the field of expertise.

EB-1B is for Outstanding Researcher/Outstanding Professor

An Outstanding professor or researcher, or EB-1(b), classification applies to aliens who can demonstrate that they are “recognized internationally as outstanding in the academic field specified in the petition.”

EB-1C is for Intercompany Transferee Executives and Managers       

The Multinational Managerial or Executive EB-1(c) petition allows international companies to transfer top-level executives and managers to the U.S. as permanent residents.

The following requirements must be satisfied:

  • The candidate must have been employed for one year within the past three years by either the oversees affiliate, parent, subsidiary or branch of the U.S. employer and must work in the United States in a managerial or executive capacity; and
  • The company must conduct business within the United States and another country in the regular, systematic, and continuous provision of goods or services; and
  • The company must have been in existence in the United States for at least one year and must demonstrate it has the ability to pay the proffered wage.

Application Procedure

In an EB-1(a) petition, a permanent job offer is not required, and an alien may self-petition. However, in EB-1(b) and EB-1(c) petitions, a permanent job offer is required. In other words, a US employer must be the petitioner in EB-1(b) or EB-1(c) petition.

Immigrant petitions are subject to the Department of State’s Visa Bulletin which indicates visa availability. Each preference category is assigned a certain number of immigrant visas per fiscal year. Each immigrant petition when filed is assigned a priority date. That priority date is then indicative of the Beneficiary’s place in the queue for a visa. When the priority date is current, the Beneficiary can apply for adjustment of status by filing form I-485. This can be done concurrently with the Immigrant Petition if the preference category for a Beneficiary’s country of nationality is current; or it can be filed after the Immigrant Petition is approved and when the priority date is current.

EB-1 General Overview

EB-1 Overview

Download MPLG’s EB-1(a) Checklist. This contains a list of commonly requested documentation and information for EB-1(a) petition. You may not have every document itemized in this checklist, as it is intended as a guide of possible documents.

Extraordinary ability in the field of science, education, business, or athletics means a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor.

To qualify for the EB-1(a) the foreign national must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of:

  • Receipt of a major, internationally recognized award such as the Nobel Prize; or
  • At least 3 of the achievements set forth in our Checklist that you can download to the right.

Download MPLG’s EB-1(b) Checklist. This contains a list of commonly requested documentation and information for EB-1(b) petition. You may not have every document itemized in this checklist, as it is intended as a guide of possible documents.

The EB-(b) is for outstanding professors and researchers. To qualify you must demonstrate international recognition as outstanding in the academic field specified in the petition. You must also demonstrate that you have had at least 3 years of experience in teaching and/or research in the academic field. Finally, this petition requires employment sponsorship.

Download MPLG’s EB-1(c) Checklist. This contains a list of commonly requested documentation and information for the EB-1(c) petition. You may not have every document itemized in this checklist, as it is intended as a guide of possible documents.

The EB-(c) is for multi-national executives and managers. The Multinational Managerial or Executive EB-1(c) petition allows international companies to transfer top-level executives and managers to the U.S. as permanent residents.

The following requirements must be satisfied:

  • The candidate must have been employed for one year within the past three years by either the oversees affiliate, parent, subsidiary or branch of the U.S. employer and she must work in the United States in a managerial or executive capacity; and
  • The company must conduct business within the United States and another country in the regular, systematic, and continuous provision of goods or services; and
  • The company must have been in existence in the United States for at least one year and must demonstrate it has the ability to pay the proffered wage.
  • The Managerial Capacity requirement is met if the alien can prove that he/she personally:
    • Manages the organization, department, component, or function;
    • Supervises and controls the work of other supervisory, managerial, or professional personnel;
    • Has authority to make personnel hiring/firing decisions; and
    • Exercises discretion over day-to-day operations or function.
  • The Executive Capacity requirement is met if the alien can prove that she primarily:
    • Directs management of an organization, major component, or function;
    • Establishes goals and policies;
    • Exercises wide latitude in discretionary decision-making; and
    • Receives only general supervision from higher executives, the board of directors, or stockholders.

Download MPLG’ EB-1(a) Roadmap. This Roadmap set forth the timeline for effectively putting together a strong petition.

Other Resources

Download MPLG’s Guidance for Expert Reference Letters for EB-1(a) Petitions. This guidance provides general pointers and a sample outline for an expert reference letter. A strong reference letter can be an integral part of the strategy for a strong Extraordinary Alien petition. MPLG’s team can work with you to put together a persuasive petition. 

USCIS Memos

USCIS Policy Memorandum: Evaluation of Evidence Submitted With Certain I-140 Petitions, Dec. 22, 2010. USCIS issued a Policy Memorandum which provides guidance on the analysis to be applied by USCIS in evaluating evidence submitted in support of petitions for EB-1(a) Extraordinary Alien, EB-1(b) Outstanding Professors & Researcher, and EB-2 Aliens of Exceptional Ability. 

USCIS EB-1(a) RFE Template. USCIS issued a template for an EB-1(a) Request for Evidence. This provides helpful guidance on the issues that USCIS typically identifies. 

General

Aliens of Extraordinary Ability

INA Sec. 203(b)(1), 8 CFR Sec. 204.5(h)-(j)

A First Preference Immigration Petition (EB-1) is an employment-based petition for permanent residence reserved for those who are among the most able and accomplished in their respective fields within the arts, sciences, education, business, or sports. The most notable advantage for those who qualify for an EB-1 petition is the lack of a Labor Certification requirement.

EB-1A is for Extraordinary Ability in the fields of Science, Education, Business, or Athletics –

Extraordinary ability in the field of science, education, business, or athletics means a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor. The Beneficiary must demonstrate national or international acclaim and recognition for achievements in the field of expertise.

EB-1B is for Outstanding Researcher/Outstanding Professor

An Outstanding professor or researcher, or EB-1(b), classification applies to aliens who can demonstrate that they are “recognized internationally as outstanding in the academic field specified in the petition.”

EB-1C is for Intercompany Transferee Executives and Managers       

The Multinational Managerial or Executive EB-1(c) petition allows international companies to transfer top-level executives and managers to the U.S. as permanent residents.

The following requirements must be satisfied:

  • The candidate must have been employed for one year within the past three years by either the oversees affiliate, parent, subsidiary or branch of the U.S. employer and must work in the United States in a managerial or executive capacity; and
  • The company must conduct business within the United States and another country in the regular, systematic, and continuous provision of goods or services; and
  • The company must have been in existence in the United States for at least one year and must demonstrate it has the ability to pay the proffered wage.

Application Procedure

In an EB-1(a) petition, a permanent job offer is not required, and an alien may self-petition. However, in EB-1(b) and EB-1(c) petitions, a permanent job offer is required. In other words, a US employer must be the petitioner in EB-1(b) or EB-1(c) petition.

Immigrant petitions are subject to the Department of State’s Visa Bulletin which indicates visa availability. Each preference category is assigned a certain number of immigrant visas per fiscal year. Each immigrant petition when filed is assigned a priority date. That priority date is then indicative of the Beneficiary’s place in the queue for a visa. When the priority date is current, the Beneficiary can apply for adjustment of status by filing form I-485. This can be done concurrently with the Immigrant Petition if the preference category for a Beneficiary’s country of nationality is current; or it can be filed after the Immigrant Petition is approved and when the priority date is current.

EB-1 General Overview

EB-1 Overview
Checklists

Download MPLG’s EB-1(a) Checklist. This contains a list of commonly requested documentation and information for EB-1(a) petition. You may not have every document itemized in this checklist, as it is intended as a guide of possible documents.

Extraordinary ability in the field of science, education, business, or athletics means a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor.

To qualify for the EB-1(a) the foreign national must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of:

  • Receipt of a major, internationally recognized award such as the Nobel Prize; or
  • At least 3 of the achievements set forth in our Checklist that you can download to the right.

Download MPLG’s EB-1(b) Checklist. This contains a list of commonly requested documentation and information for EB-1(b) petition. You may not have every document itemized in this checklist, as it is intended as a guide of possible documents.

The EB-(b) is for outstanding professors and researchers. To qualify you must demonstrate international recognition as outstanding in the academic field specified in the petition. You must also demonstrate that you have had at least 3 years of experience in teaching and/or research in the academic field. Finally, this petition requires employment sponsorship.

Download MPLG’s EB-1(c) Checklist. This contains a list of commonly requested documentation and information for the EB-1(c) petition. You may not have every document itemized in this checklist, as it is intended as a guide of possible documents.

The EB-(c) is for multi-national executives and managers. The Multinational Managerial or Executive EB-1(c) petition allows international companies to transfer top-level executives and managers to the U.S. as permanent residents.

The following requirements must be satisfied:

  • The candidate must have been employed for one year within the past three years by either the oversees affiliate, parent, subsidiary or branch of the U.S. employer and she must work in the United States in a managerial or executive capacity; and
  • The company must conduct business within the United States and another country in the regular, systematic, and continuous provision of goods or services; and
  • The company must have been in existence in the United States for at least one year and must demonstrate it has the ability to pay the proffered wage.
  • The Managerial Capacity requirement is met if the alien can prove that he/she personally:
    • Manages the organization, department, component, or function;
    • Supervises and controls the work of other supervisory, managerial, or professional personnel;
    • Has authority to make personnel hiring/firing decisions; and
    • Exercises discretion over day-to-day operations or function.
  • The Executive Capacity requirement is met if the alien can prove that she primarily:
    • Directs management of an organization, major component, or function;
    • Establishes goals and policies;
    • Exercises wide latitude in discretionary decision-making; and
    • Receives only general supervision from higher executives, the board of directors, or stockholders.
EB-1A Roadmap

Download MPLG’ EB-1(a) Roadmap. This Roadmap set forth the timeline for effectively putting together a strong petition.

FAQs
Other Resources & USCIS Resources

Other Resources

Download MPLG’s Guidance for Expert Reference Letters for EB-1(a) Petitions. This guidance provides general pointers and a sample outline for an expert reference letter. A strong reference letter can be an integral part of the strategy for a strong Extraordinary Alien petition. MPLG’s team can work with you to put together a persuasive petition. 

USCIS Memos

USCIS Policy Memorandum: Evaluation of Evidence Submitted With Certain I-140 Petitions, Dec. 22, 2010. USCIS issued a Policy Memorandum which provides guidance on the analysis to be applied by USCIS in evaluating evidence submitted in support of petitions for EB-1(a) Extraordinary Alien, EB-1(b) Outstanding Professors & Researcher, and EB-2 Aliens of Exceptional Ability. 

USCIS EB-1(a) RFE Template. USCIS issued a template for an EB-1(a) Request for Evidence. This provides helpful guidance on the issues that USCIS typically identifies.