Requirements for an EB1 Green Card
- EB-1 category visas are immigrant visas and therefore qualify the holder to obtain a green card.Statue of Liberty image by sival from Fotolia.com
EB-1 category visas, which stand for Employment Based First Preference, are the only work visas that do not require a labor certificate to qualify. EB-1s are split into three subgroups of qualification: extraordinary ability, outstanding professorship or research and executive position in a multinational company. All subgroups require the submission of immigration form I-140. However, all come with variant qualifying requirements and documents. - An alien of extraordinary ability has already demonstrated their above average capacity in the fields of arts, sciences, education, business or athletics. To qualify as a person of extraordinary ability, the applicant must be able to provide evidence of a nationally or internationally recognized prize or achievement award in or around the same class level as a Nobel Prize. If such an award is not applicable, the applicant must prove a minimum of three alternative pieces of evidence recognizing their expertise. Evidence includes published work; published work about the applicant and their achievements; membership in an association that requires outstanding achievement; display of work at an exhibit or show; evidence of commercial success such as films, CDs or ticket sale records; and evidence of original research or contribution to their field. The EB-1a category applicant does not need to have a job offer from an U.S. employer or company; if they qualify they can complete their I-140 petition on their own behalf.
- Outstanding professors or researchers are qualified only if they are seeking tenure in an American institution. Basic requirements include a minimum of three years in either teaching or research at an university or place of higher education. The term "outstanding" implies that the applicant must prove that he is, in fact, outstanding. There is no minimum guidelines for proof of being outstanding; the USCIS determines your eligibility on a case by case basis. The more publications and international recognitions you can provide the USCIS, the better. A permanent job offer is required for EB-1b applicants, so the I-140 must be completed by the sponsoring employer.
- EB-1c category visas are reserved for those who have worked for large international companies in an executive or managerial position for at least three years and are transferring to work for the same company in a managerial or executive position. The overseas company must either be a parent, branch, subsidiary or affiliate of the U.S. employer. Employees in this category must have a job secured by an U.S. employer before applying as the employer must file Form I-140 on behalf of the incoming employee.
Extraordinary Ability (EB-1a)
Outstanding Professor or Researcher (EB-1b)
Multinational Manager or Executive (EB-1c)
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