Want to live and work in the USA? If you're a superstar in your field, the EB-1 visa might be your ticket to a green card. This special visa is for (1) People with amazing skills or achievements, (2) Top-notch researchers and professors, (3) High-level managers in big international companies. In this blog, we'll break down what the EB-1 visa is all about and how it stacks up against other work visas, like the O-1A we talked about before.
What is the EB-1 Visa?
The EB-1 is a special work visa that can lead straight to a green card. It's not like other work visas that only let you stay for a while. With the EB-1, you can become a permanent resident of the USA if you qualify. There are three types of EB-1 visas:
- EB-1A: Extraordinary Ability
- Qualifying candidates must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through receiving national or international acclaim and provide evidence of achievements such as major awards, memberships, publications, and original contributions.
- The criteria for showcasing extraordinary ability is similar to the O-1A, except there are 10 different criteria available where the beneficiary can showcase achievements (versus 8 criteria for O-1A that you can read up about here). The two additional criteria are -
- Displayed work: This criteria is intended for professionals in the arts, but comparable evidence for those in other fields of expertise can also be considered. Examples of evidence for this criteria include photos of your work on display, exhibition catalogs, letters from curators, etc.
- Commercial Success: This criteria is intended for singers, actors, and other professionals in the arts. Examples of evidence for this criteria may also include box office data, music/video sales records, performance contracts, media coverage, etc. However, comparable evidence for other fields may also be considered. For example, evidence that a patented technology you helped develop is being sold and used by consumers.
- EB-1B: Outstanding Professors and Researchers
- Qualifying candidates must meet the following criteria:
- Be recognized internationally as outstanding in a specific academic field,
- Have at least three years of experience in teaching or research
- A job offer for a tenure/tenure-track position, a permanent research role, or a research position at a qualifying private employer.
- Must be able to provide evidence of at least two of the following:
- Received major prizes or awards for outstanding achievement
- Membership in an association that requires outstanding achievement
- Published material in a professional publication written by others about your work in your academic field
- Individual or panel participation as a judge of other’s work in the same or similar academic field
- Original scientific or scholarly research
- Authorship in internationally circulated scholarly books and/or articles
- EB-1C: Multinational Executives and Managers
- Qualifying candidates must meet the following criteria:
- Be employed in a full-time managerial or executive capacity for at least one year within the preceding three years by a multinational company overseas, and
- Must be seeking to continue working in the same or similar full-time role for the same employer or a related entity in the U.S. (branch, subsidiary, parent, etc.) that has been doing business for at least one year.
Comparison with the O-1A Visa
If you're familiar with the O-1A visa, you might notice some similarities with the EB-1A visa. Both visas are designed for individuals with extraordinary ability in their fields. However, there are key differences:
- Temporary vs. Permanent: The O-1A visa is a temporary non-immigrant visa, while the EB-1A visa provides a path to permanent residency.
- Criteria and Documentation: While the criteria for demonstrating extraordinary ability are similar, the EB-1A visa is often scrutinized more carefully. Successful cases will require extensive documentation and evidence of sustained national or international acclaim.
Next Steps
In the upcoming blog posts, we'll dive deeper into different EB-1 subcategories, providing detailed criteria, examples of qualifying achievements, and tips for building a strong petition. If you're interested in exploring the EB-1 visa further, contact our team at Alma for a free assessment of your case and initial consultation today!
Written by Alma immigration lawyers
