Denver Immigration Attorney
Abogado de Inmigración de Denver

US Immigration Attorney
Serving All 50 States

Immigration for Individuals with Extraordinary Ability: Understanding the “First Preference” EB-1

If you are at the top of your field and would like the opportunity to work in the United States, you may qualify for the EB-1 Visa. This visa gives you first preference due to the extraordinary ability or achievements that you have had, which will make you a valuable asset to the US workforce. People in almost any field can qualify for this type of visa. There are three main categories for this visa, each of which have different requirements.
Extraordinary Ability
Those who can show that they have an extraordinary ability in art, education, business, athletics, or other skill may qualify for this category. You will need to either have achieved a significant award (Olympic Medal, Pulitzer Prize, Oscar, ect) or meet at least three criteria listed below. No employment offer is required for this category. The following criteria for this category are pulled directly from the US Department of homeland security:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

Outstanding Professor and/or Researcher
If you have international recognition for your skills as a professor or researcher, you can apply for this type of visa as well. You will need a minimum of three years of experience in the specific academic area to qualify. In addition, you need to have a minimum of two of the below listed criteria and an offer of employment from a US employer.

  • Evidence of receipt of major prizes or awards for outstanding achievement
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement
  • Evidence of published material in professional publications written by others about the alien’s work in the academic field
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Evidence of original scientific or scholarly research contributions in the field
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

Multinational Manager or Executive
For high-level leaders of multinational companies, this is an excellent option. In order to qualify, you must have three years of experience in this type of role, and at least one of those years must be with the company for which you will work for in the US. You can be employed as an affiliate, a subsidiary, or directly for this company abroad in order to qualify. You do not need to meet any other specific criteria for this category.
Applying for the EB-1
If you meet the above mentioned criteria for any of the categories, you will need to fill out the proper paperwork submit it to the proper agencies. The easiest way to ensure everything is completed properly is to contact us and let our experienced immigration attorneys walk you through the process.

Christine Swenson