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EB1-1 Visa (Green Card)

The EB1-1 Visa, or Employment-Based Extraordinary Ability Green Card (First Preference), is part of the EB1 set of permanent residency visas. The EB1-1 is for aliens of extraordinary ability and is one of the most highly desirable U.S. visas.

For that reason, obtaining an EB1-1 visa often requires significant effort and preparation to build a strong case.

Other EB1 Category Green Cards

  • EB1-2 – Outstanding Researcher / Professor
  • EB1-3 – Multinational Executive / Manager

What are EB1 Visas?

EB1 Visa (also known as Einstein Visa) is an employment based green card available to foreign nationals who demonstrate extraordinary ability in their field, whether the sciences, the arts, education, business, or athletics. Extraordinary ability is normally proven through showing evidence of “sustained national or international acclaim”.

EB1-1 Criteria

One of the most useful pieces of evidence to prove extraordinary ability in an EB1-1 application is winning a national or international award, whether as an individual or as part of a company or team, or even to have coached a third party who went on to win great recognition.

The second notable criterion is membership of an association or group that sets a high threshold of achievement to qualify, which must be judged by experts. A simple paid membership would not qualify.

The third main category of criteria is featuring in high-profile publications, such as major trade magazines or media (not local media).

Other types of evidence to support your application may include notable achievements or contributions within your sector, such as inventions and patents, along with commanding a high salary or running a profitable enterprise.

We encourage you to set up a strategy session with one of our attorneys to discuss your chances of qualifying for the EB1-1 or alternative visa types.

Attorney Tips for EB1-1 Green Card Applicants

Benefits of EB1-1 Green Card

EB1-1 visa green card for extraordinary ability

The EB1-1 visa is seen as a particularly desirable Green Card because:

  • EB1 Visa Priority dates are “current”, i.e. there is no enforced wait time, which means the wait can be a lot shorter than for other Green Cards.
  • It is also not necessary to go through the PERM process (where the Department of Labor would need to establish that existing U.S.-based workers could fill the same position).

For these reasons, EB1-1 visa applications are subject to extremely close scrutiny, and they are among the most difficult visas to obtain.

You are strongly advised to hire an immigration attorney that has a track record in securing this type of visa. Contact Online Visas to arrange your visa strategy session.

EB1 Visa Requirements

EB1 Visa requirements are simple: To qualify for the EB1-1, you should be able to prove you qualify for any one of the following EB1 visa eligibility criteria:

Route 1: “Extraordinary Ability”

  • You can demonstrate extraordinary ability in your field (sciences, arts, education, business, or athletics) through sustained national or international acclaim.
  • The evidence submitted must meet at least 3 out of 10 criteria set byUSCIS , or provide evidence of a truly exceptional single achievement.

Route 2: “Outstanding Professor or Researcher”

  • You can demonstrate that you have earned international recognition for outstanding performance in your special academic field.
  • In addition, you must have minimum 3 years’ experience either in teaching or in research in the same academic area.
  • Finally, you must be seeking to enter the United States in order to pursue tenure or tenure-track teaching or to take up a research position at a university (or equivalent educational institution). Evidence must meet 2 of 6 criteria set by USCIS .

Route 3: “Multinational Executive or Manager”

  • This is open to those seeking to enter the United States in order to continue to work for an organization or business that has employed the applicant in a managerial or executive capacity outside the country for at least one of the preceding three years.
  • The petitioning employer must be a U.S. employer and must have been doing business for at least one year at the time of application.

If you are interested in the EB1-1 for the Sports Industry, please make sure you watch this 60-minute webinar: “How To Win an O-1 or EB-1 in the Sports Industry”

EB1-1 Visa News

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