EB1 (Person of Extraordinary ability) GREEN CARD APPLICATION
Who is Eligible?
A labor certification is not required, but each occupational category has certain requirements that must be met:
Extraordinary Ability – You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
Your achievements must be recognized in your field through extensive documentation.
You must be seeking to enter the United States to continue work in your area of extraordinary ability and your entry into the United States must substantially benefit the United States in the future.
No offer of employment is required.
USCIS will use a two-part adjudicative approach to evaluate the evidence you submit. First, you must meet three out of the listed criteria below:
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
- Evidence of a significant one-time achievement (i.e. Pulitzer Prize, Oscar Award, Olympic Medal)
- Evidence of your membership in associations in the field for which classification is sought which require outstanding achievement of their members, as judged by recognized national or international experts in their disciplines or fields
- Evidence of published material about you in professional or major trade publications or other major media relating to your work in the field for which classification is sought and includes the title, date, author, and any necessary translation of the material
- Evidence that you have participated in judging the work of others in your field or allied field for which classification is sought, either individually or on a panel
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to your field
- Evidence of your authorship of scholarly articles in the field, published in professional or major trade publications or other major media
- Evidence that your work in the field has been displayed at artistic exhibitions or showcases
- Evidence of your performance in a leading or critical role in organizations or establishments with distinguished reputations
- 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
If the criteria above do not readily apply to your occupation, you may submit comparable evidence to show your eligibility.
Second, all of the evidence you submit will be reviewed in its totality for a final merits determination of whether you qualify for this classification.
- Outstanding Professors and Researchers–
You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience teaching or researching in that academic area. You must be entering the United States in order to pursue tenure or a tenure track teaching or comparable research position at a university or other institution of higher education.
You must include documentation of at least two items listed below and an offer of employment from the prospective U.S. 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– You must have been employed outside the United States for at least 1 year by a firm or corporation during the 3 years preceding the petition and you must be seeking to enter the United States to continue service for that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
- Employer Criteria for Multinational Manager or Executive:
Your petitioning employer must be a U.S. employer.
Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.
How To Apply EB1 Green card.
To begin the petition process for the EB-1 Visa for extraordinary ability you or the employer must:
- Complete and sign Form I-140, Petition for a Nonimmigrant Worker.
- Refer to Form I-140 instructions for further details.
- Include the appropriate filing fee with the petition (including the biometrics fee if applicable).
- Collect the necessary documents to show your eligibility.
Note: No offer of employment is required for extraordinary ability. If you are filing for an EB-1 visa under extraordinary ability, you may file the Form I-140 petition for yourself. You may be eligible to file Adjustment of Status Form I-485.
To begin the petition process for the EB-1 Visa for an outstanding professor and researcher or for a multinational manager or executive, the employer must:
- Complete and sign Form I-140, Petition for a Nonimmigrant Worker.
- Refer to Form I-140 instructions for further details.
- Include the appropriate filing fee with the petition (including the biometrics fee if applicable).
- Collect the necessary documents to show your eligibility.
Note: Any petition that is not signed or accompanied by the correct fee will be rejected with a notice that the petition is deficient. Fees are accepted in the form of money order, personal check or cashier’s check only.
What Happens After You Apply
Once USCIS receives your Form I-140 for the EB-1 Visa, we will process your application and then you will receive:
- A receipt notice of your I-140, Petition for Nonimmigrant Worker,
- Receive notice for Biometrics appointment, and
- A notice of a decision in writing.
Once your petition is approved, and your priority date is current, you can apply to become a Legal Permanent Resident. You can do this by either filing a Form I-485 or applying through the consulate. If you are outside of United States, you should apply through the consulate. This method is called consular processing. If you are in the United States, the visa is available (check state Department Visa Bulletin), and you are in a legal status, then you can apply to adjust status.