EB-1 visa priority workers are individuals who come to the United States or currently working based on any of the following three criteria: (a) extraordinary ability; (b) who are outstanding professors and researchers; and (c) Intracompany managers and executives. All of the above three categories have equal priority. Based on the immigration statistics, intracompany managers and executives petitions are filed at a greater number than the other two categories. Except China and India, all of the other countries of the world priority date stays “current” most of the fiscal year. No labor certification is required for EB-1 visa purposes.
EB-1A- Extraordinary ability
Petitioner, who may be self-sponsored need to establish that he/she has extraordinary ability in sciences, arts, education, business, or athletics. Even though the requirements for O-1(a) and EB-1A looks similar, USCIS scrutinizes EB-1A petitions more thoroughly and requires higher level of achievement. It can be established by demonstrating sustained national/ international acclaim and that your achievements have been recognized in the field of expertise by showing either of the criteria:
1. You have received major national or international award such as noble prize.
you have to meet at-least three (3) of the ten (10) criteria noted below:
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.
2. In totality of the evidence submitted above, USCIS will adjudicate your case. Petitioner also need to show that beneficiary is coming to the United States to continue to work in your area of extraordinary ability which can be evidence such as a contracts, letter from prospective or current employer etc.
EB-1B- Outstanding scholars and researchers
EB-1B is primarily for outstanding professors and researchers.The petitioner is usually an accredited university or a non-profit research organization. The petitioner must demonstrate the beneficiaries outstanding achievements in a particular academic field. Beneficiary must have at least three (3) years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education. At-least two(2) of the six (6) below listed criteria must be met along with an offer of employment letter:
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