The First Preference
The employment-based first preference category, abbreviated as “EB-1,” includes three subcategories, none of which require labor certification.
Aliens of Extraordinary Ability – “EB-1(A)” or “E-11”
This visa category is for people who can demonstrate that they have risen to the very top of their field of endeavor, as demonstrated by evidence of sustained national or international acclaim, and that they will continue to work in that field in the U.S.
It requires either a major, internationally recognized award (such as a Nobel Prize or Academy Award), or at least three other types of evidence of accomplishments and renown, including awards of lesser national or international prominence, press coverage about the foreign worker, scholarly publications authored by the foreign worker, and other types of documents, depending on relevance to the field and how the foreign worker established his or her professional renown.
This category does not require a job offer, but if the beneficiary opts for self-sponsorship, then evidence must be provided to show how he or she will work in the U.S. in that field of endeavor.
Outstanding Researchers & Professors – “EB-1(B)” or “E-12”
This visa category is for researchers and professors who can show that their work has had a wide influence in the academic or scientific community. It requires either a major, internationally recognized award (such as a Nobel Prize), or at least two other types of evidence of accomplishments and renown.
It also requires a full-time and permanent, ongoing job offer from a U.S. sponsor, including researchers in any institution that has at least three full-time research staff positions, and professors at any institution of higher education in a tenured or tenure-track position. Researchers in grant funded positions that are renewable annually may qualify, depending on the nature of assumptions inherent in the renewal process.
Multinational Managers & Executives – “EB-1(C)” or “E-13”
This visa category is for people assuming a full-time and permanent position as a senior manager or executive at a company in the U.S., who have already worked for a parent, subsidiary, affiliate or branch of that company outside the U.S. in a similar managerial or executive capacity for at least one year, if the foreign entity is still doing business abroad and retains its relationship to the U.S. company.
The manager or executive must have held the managerial or executive position with the related company abroad for at least one full year within the past three years, or, if already working for the multinational company inside the United States, in the three years prior to entry as a non-immigrant.
Feel free to contact Karin Wolman for more information about EB-1 immigrant visas.