EB1 Green Card

Frequently Asked Questions & Answers

6. Who is eligible to apply for EB-1 visa as a foreign national with ‘extraordinary ability’?

You must be a foreign national who:

  1. Possesses ‘extraordinary ability’ in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation
  2. Seeks to enter the U.S. to continue work in the area of ‘extraordinary ability’ and
  3. Upon entry into the U.S. will substantially benefit prospectively the U.S.

7. Who is eligible to apply for EB-1 visa as an ‘outstanding professor or researcher’?

To qualify for an EB-1 visa as an ‘outstanding professor or researcher’ you must be a foreign national who:

1. Is recognized internationally as ‘outstanding’ in a specific academic area

2. Possesses at least three years of experience in teaching or research in the academic area, and

3. Seeks to enter the U.S. for a:

a.Tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area; or

b.Comparable position with a university or institution of higher education to conduct research in the area; or

c. Comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least three persons full time in research activities and has achieved documented accomplishments in an academic field

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8. Who is eligible to apply for EB-1 visa as a ‘multinational executive or manager’?

To qualify for an EB-1 visa as a ‘multinational executive or manager’ you must be a foreign national who:

Your Achievements must:

  1. Has been employed for at least one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof in the three years preceding the time of your EB-1 application; and
  2. Seeks to enter the U.S. in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive

9. What evidence must I provide for a Green Card as EB-1 alien of ‘extraordinary ability’?

Your petition for an alien of extraordinary ability must be accompanied by evidence that you have sustained national or international acclaim and that your achievements have been recognized in the field of expertise. Such evidence must include evidence of a one time achievement (that is, a major, internationally recognized award), or at least three of the following:

  1. Documentation of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor; or
  2. Documentation of your membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields; or
  3. Published material about yourself in professional or major trade publications or other major media, relating to your work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation; or
  4. Evidence of your participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought; or
  5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field; or
  6. Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media; or
  7. Evidence of the display of your work in the field at artistic exhibitions or showcases; or
  8. Evidence that you have performed in a leading or critical role for organizations or establishments that have a distinguished reputation; or
  9. Evidence that you have commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
  10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales

10. What evidence must I provide as EB-1 ‘outstanding professor or researcher’?

Your EB-1 employment based green card petition as an ‘outstanding professor or researcher’ must be accompanied by:

1. Evidence that you are recognized internationally as outstanding in the academic field specified in the petition. Such evidence shall consist of at least two of the following:

a. Documentation of receipt of major prizes or awards for outstanding achievement in the academic field; or

b. Documentation of membership in associations in the academic field which require outstanding achievements of their members; or

c. Published material in professional publications written by others about your work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation; or

d. Evidence of your participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field; or

e. Evidence of your original scientific or scholarly research contributions to the academic field; or

f. Evidence of your authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

2. Evidence that you have at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree will only be acceptable if:

a. You have acquired the degree; and

b. Teaching duties were such that you had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. Evidence of teaching and/or research experience shall be in the form of letters from current or former employers and must include

i. Name, address and title of the writer

ii. Specific description of the duties performed by you

3. An offer of employment from a prospective U.S. employer. A Labor Certification is not required for this classification. The offer of employment shall be in the form of a letter from a:

a. U.S. university or institution of higher learning offering you a tenured or tenure-track teaching position in your academic field; or

b. U.S. university or institution of higher learning offering you a permanent research position in your academic field; or

c.Department, division, or institute of a private employer offering you a permanent research position in your academic field. The department, division, or institute must demonstrate that it:

i. Employs at least three persons full time in research positions; and

ii. Has achieved documented accomplishments in an academic field