Employment-Based Immigration: First Preference (EB-1)
The EB-1 visa, or Employment-Based First Preference visa, provides a fast-track path to
permanent residency (a green card) for noncitizens with exceptional qualifications.
Highly sought after for its streamlined process, the EB-1 visa allows applicants to bypass the lengthy
labor certification requirement. At Rekhi Law, we represent clients in securing EB-1 visas,
helping extraordinary individuals achieve their U.S. residency goals efficiently and with confidence.
The EB-1 visa has three main categories, each with specific qualifications:
Extraordinary Ability:
For individuals who can demonstrate exceptional skill or talent in fields such as science, arts, education, business, or athletics.
Eligibility CriteriaOutstanding Professors and Researchers:
For those who have achieved international recognition for their work in academia and have substantial experience in teaching or research.
Eligibility CriteriaMultinational Executives or Managers:
For individuals who have served in a managerial or executive role for a qualifying multinational organization and wish to continue in a similar role in the United States.
Eligibility CriteriaEB-1: Extraordinary Ability
The Extraordinary Ability category is reserved for individuals who have achieved significant national or international recognition in their field, whether in science, arts, education, business, or athletics. To qualify, applicants must demonstrate sustained acclaim, either through a major internationally recognized award or by meeting at least three criteria. These may include earning lesser but notable awards, membership in prestigious associations, published material highlighting their work, original contributions of significance, or commanding a high salary in their field.
Other factors include serving in leadership roles within distinguished organizations, authoring scholarly articles, or having work showcased at prominent exhibitions. Unlike other EB-1 categories, applicants can self-petition without the need for a job offer, as long as they intend to continue working in their field and can show that their work will substantially benefit the United States.
EB-1: Outstanding Professors and Researchers
The Outstanding Professors and Researchers category is for individuals who are internationally recognized for their contributions in academia. Applicants must have at least three years of experience in teaching or research and must be offered a permanent position, such as a tenured or tenure-track role, by a qualifying U.S. employer like a university or research institution.
To demonstrate eligibility, applicants must meet at least two criteria. They can provide evidence of receiving major awards, holding membership in prestigious academic associations, being featured in published works, judging the work of peers, making significant research
contributions, or authoring scholarly articles or books published in respected journals.
This category is ideal for those who have established themselves as leaders in their academic field and are seeking permanent residency in the United States.
EB-1: Multinational Executives and Managers
The Multinational Executive or Manager category is designed for individuals who have held executive or managerial positions in multinational companies and wish to continue in a similar role in the U.S. The EB-1 visa offers a direct path to permanent residency without labor certification, making it a preferred option for high-level professionals.
To qualify, the applicant must have been employed in an executive or managerial role abroad for at least one year within the last three years by a company that has a qualifying relationship with a U.S. entity, such as a parent, subsidiary, or affiliate. Both the U.S. and foreign companies must be actively engaged in business.
The applicant must be offered a permanent position in the U.S. that involves directing key operations, managing personnel, or overseeing significant business functions. Managerial roles often include supervising staff or essential business functions, while executive roles focus on
setting overall strategy and direction for the company. The U.S. employer must have been in operation for at least one year and be able to pay the applicant’s salary.
This category is particularly suited for multinational companies seeking to transfer top executives or managers to their U.S.
Navigating the EB-1 visa process can be complex, but with the right guidance, it offers a powerful opportunity for extraordinary individuals to secure permanent residency in the United States. Whether you are a world-class professional, researcher, or executive, your journey to the U.S. can be smooth and successful with the proper legal support.
At Rekhi Law, our team is dedicated to helping exceptional talents like yours achieve their immigration goals. Contact us today to explore your EB-1 options and let our experience guide you through every step of the process with confidence and ease.