Do I Qualify for EB-1? Explained by the NPZ Law Group

Foreign nationals with an employment-based, third preference (EB-3) visa can improve their status by qualifying for an employment-based, second preference (EB-2) visa. The EB-2 category can be attained if the applicant acquires additional work experience or a higher-level degree. After that, foreign nationals with EB-2 visas can try to qualify for the employment-based, first preference (EB-1) visa category. While it is possible to acquire EB-1, the requirements for it are more than simply a better degree and more experience, as was with the case from shifting to EB-2.

This article explains the qualifications for the EB-1 extraordinary ability category with a focus on the three subcategories for it.

Persons of Extraordinary Ability – EB-1(a)

EB-1(a) is for professionals that possess extraordinary ability in education, the sciences, business, arts, or athletics. The foreign national applicant must have sustained international or national acclaim to qualify for this category. There must be extensive documentation as evidence for the applicant’s achievements in the field.

This category does not need an offer of employment; the candidate can self-petition. However, the applicant will need to work in his or her field of expertise.

Outstanding Professors and Researchers – EB-1(b)

EB1(b) is for outstanding professors and researchers. The qualification level for EB1(b) is relatively lower than that of EB1(a). However, EB-1(b) requires that the applicant have international recognition for his or her achievements in a specific academic field.

The foreign national applicant must have at least three years of experience as a researcher or teacher. He or she must also be sponsored by an institute of higher education, university, or private employer with a minimum of three full-time researchers. Moreover, the private employer must have achieved accomplishments in the respective field that are documented. Applicants can make their petition strong by providing objective and extensive evidence of his or her accomplishments.

Multinational Managers and Executives – EB1(c)

EB1(c) is for multinational executives and managers. It is also similar in many ways to the qualification requirements for the L-1A nonimmigrant visa classification. The applicant will need to have been employed outside the United States for a minimum of one year as an executive or manager within the past three years of the time of their application by an organization that is in some way related to the US company that will sponsor the foreign national to qualify for this subcategory. In addition to that, the applicant will need to work for the US company in an executive or managerial capacity.

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