EB-1 visa

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.

OR

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.

AND

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

EB-1C- Multi-national manager or executive

The evidentiary requirements are quite similar to the L-1A Intracompany manager or executive. The major difference is that this petition is for immigrant visa compared L-1A non-immigrant visa.

EB-1C Visa can be to individuals of two categories. They are : 1. Managerial capacity; and 2. Executive capacity.

1. Managerial Capacity: The statutory definition of this term can be: An assignment within the organization in which the employee primarily “(i) manages the organization, or a department, subdivision, function, or component of the organization; (ii) ‘supervises and controls’ the work of other supervisory, professional, or managerial employees, or manages an ‘essential function’ within the organization, or a department or subdivision of the organization; (iii) if another employee or other employees are ‘directly supervised,’ has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, ‘functions’ at a senior level within the organizational hierarchy or with respect to the function managed; and (iv) exercises discretion over the day-to-day operations of the activity or function for which the employee has authority….” 8 C.F.R. § 214.2(l)(1)(ii)(B).

There are certain key terms in the above statutory definition: They are (a) what is an “essential function” within the organization? (b) Who is a “functional manager” within the organization? These questions need to be answered by the petitioner.

The petitioner has the burden to show that the beneficiary will manage as opposed to performing the functions of the organization.

Executive capacity:
The intracompany executive includes who “(i) directs management of the organization or controls a major component or function of the organization, (ii) establishes its goals and policies, (iii) exercises wide latitude in discretionary decision-making, and (iv) works under only the general direction of higher executives, members of the board of directors, or stockholders.” 8 C.F.R. § 214.2(l)(1)(ii)(C).