EB1 Visa

EB-1: The Visa That Helps
Bring Extraordinary
Talent to the U.S.

The EB-1  visa is designed for individuals with an extraordinary ability in the arts, sciences, education, business or athletics.

EB-1 processing time can vary. Smith, Gambrell & Russell’s Global Immigration & Mobility Practice Group has EB1 green card lawyers to help you and your employer navigate EB-1 requirements smoothly and successfully.

As a nation built by immigrant entrepreneurship and ingenuity, the U.S. is always open to talent. Individuals with extraordinary ability may self-petition for an EB-1 visa (often referred to as an “EB-1 green card”). If you’re a professor or researcher, or a multinational business manager or executive transferred to the U.S., your sponsoring employer can petition on your behalf.

An I-140 Immigrant Petition is filed on behalf of the foreign national with the Immigration’s Service Center. Labor certification through the U.S. Department of Labor is not required for EB-1 petitions. EB-1 requirements state that an applicant’s extraordinary ability may be shown through the submission of a one-time, major internationally recognized award such as a Nobel Prize, or by providing documentation of any three of the following:

  1. Receipt of lesser recognized prizes or awards for excellence.
  2. Membership in associations in the field which require outstanding achievement of their members, as judged by recognized national or international experts.
  3. Published material about the person in professional or major trade publications or other major media.
  4. Participation as a judge of the work of others.
  5. Evidence of original scientific, scholastic, artistic, athletic or business-related contributions of major significance.
  6. Authorship of scholarly articles in the field.
  7. Artistic exhibitions or showcases.
  8. Performance in a leading or cultural role for organizations or establishments that have a distinguished reputation.
  9. High salary or remuneration in relation to others in the field.
  10. Commercial success in the performing arts.

Outstanding professors and researchers must demonstrate a recognition as being outstanding in the field.

To obtain an EB-1 visa (“EB-1 green card”), the professor or researcher must be coming to the U.S. to accept a tenure (or tenure track) teaching position, or a comparable position at a university or institution of higher education to conduct research, or a comparable position to conduct research with certain types of private employers. Additionally, he or she should have at least three years of teaching or research experience in the academic field. Finally, evidence of the individual’s stature in the field should include at least two of the following:

  1. Receipt of major prizes or awards for outstanding achievement.
  2. Membership in an association that requires outstanding achievement.
  3. Published material in professional publications written by others about the applicant’s work.
  4. Evidence of the person’s participation as a judge of the work of others.
  5. Evidence of original scientific research.
  6. Authorship of scholarly books or articles in the field.

EB-1 multinational managers or executives are for those individuals who are being transferred to the U.S. by their foreign employer in order to continue to render services to the same employer or to a subsidiary or affiliate of the foreign employer. The foreign national must have been employed outside the U.S. as a manager or executive for at least one out of the past three years.

Smith, Gambrell & Russell’s immigration group can help with your EB-1 visa by assisting you through all EB-1 requirements. A professionally prepared application can help reduce the EB-1 processing time.