Employment-Based First Category (EB-1)

The EB-1 category (priority workers) includes:

1. aliens of extraordinary ability in the sciences, arts, education, business, or athletics;

2. outstanding professors or researchers ; and

3. certain multinational executives and managers.

Please review below for a discussion of each of these categories and their requirements.

Aliens Of Extraordinary Ability

According to regulations of the United States Citizenship and Immigration Services (USCIS) found at 8 C.F.R. § 204.5(h)(2), extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor. Although no offer of employment is required, the alien must provide evidence that they are coming to the United States to continue work in their area of expertise. 8 C.F.R. § 204.5(h)(5).

To qualify in this category, under INA § 203(b)(1)(A):

(1) extraordinary ability of the alien must be demonstrated by sustained national or international acclaim and their achievements must have been recognized in the field through extensive documentation;

(2) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

(3) the alien’s entry into the United States will substantially benefit prospectively the United States.

Evidence of Extraordinary Ability

Under 8 C.F.R. 204.5(h)(3), a petition for an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Such evidence shall include evidence of a one-time achievement (that is, a major, internationally recognized award), or at least three of the following:

(a) Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

(b) Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

(c) Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought;

(d) Evidence of the alien’s participation as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

(e) Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

(f) Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;

(g) Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;

(h) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

(i) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or

(j) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

Do you have questions about this employment-based category, or how to obtain a green card through employment or investment? Please contact a Woodland Hills employment immigration attorney for a consultation so we can help you obtain a green card. In addition to Woodland Hills, we provide immigration attorney services in a variety of other areas, including Agoura Hills, Alhambra, Burbank, Calabasas, Canoga Park, Eagle Rock, Encino, Glendale, La Cañada Flintridge, Los Angeles, Mission Hills, Monterey Park, North Hollywood, Northridge, Pasadena, Reseda , San Fernando , Santa Clarita, Sherman Oaks, Tarzana, Thousand Oaks, Valley Village, Van Nuys, Warner Center, Winnetka, and West Hills. Even if your city is not listed, please don’t hesitate to contact us to see if we can help. Since immigration law is federal, we can help you wherever you live in the United States.

Outstanding Professors Or Researchers

To qualify under this category, as indicated in Immigration and Nationality Act (INA) § 203(b)(1)(B) it must be shown:

1. the alien is recognized internationally as outstanding in a specific academic area;

2. the alien has at least 3 years of experience in teaching or research in the academic area; and

3. the alien seeks to enter the United States:

(a) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area;

(b) for a comparable position with a university or institution of higher education to conduct research in the area; or

(c) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if they employ at least 3 persons full-time in research activities
and have achieved documented accomplishments in an academic field.

An offer of employment is required, but a labor certification is not required. According to 8 C.F.R. § 204.5(i)(3), evidence that the researcher or professor is recognized internationally as
outstanding can be shown with at least two of the following:

1. Documentation of the alien’s receipt of major prizes or awards for outstanding achievement in the academic field;

2. Documentation of the alien’s membership in associations in the academic field which require outstanding achievements of their members;

3. Published material in professional publications written by others about the alien’s work in the academic field;

4. Evidence of the alien’s participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;

5. Evidence of the alien’s original scientific or scholarly research contributions to the academic field; or

6. Evidence of the alien’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

Multinational Executives And Managers

To qualify under this category, as indicated in the Immigration and Nationality Act (INA) § 203(b)(1)(C):

1. the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States, must have been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof; and

2. the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive. INA § 203b)(1)(D).

Do you have questions about this employment-based category, or how to obtain a green card through employment or investment? Please contact a Woodland Hills employment immigration attorney for a consultation so we can help you obtain a green card. In addition to Woodland Hills, we provide immigration attorney services in a variety of other areas, including Agoura Hills, Alhambra, Burbank, Calabasas, Canoga Park, Eagle Rock, Encino, Glendale, La Cañada Flintridge, Los Angeles, Mission Hills, Monterey Park, North Hollywood, Northridge, Pasadena, Reseda , San Fernando , Santa Clarita, Sherman Oaks, Tarzana, Thousand Oaks, Valley Village, Van Nuys, Warner Center, Winnetka, and West Hills. Even if your city is not listed, please don’t hesitate to contact us to see if we can help. Since immigration law is federal, we can help you wherever you live in the United States.

Employment-Based First Category (EB-1)

The EB-1 category (priority workers) includes:

1. aliens of extraordinary ability in the sciences, arts, education, business, or athletics;

2. outstanding professors or researchers ; and

3. certain multinational executives and managers.

Please review below for a discussion of each of these categories and their requirements.

Aliens Of Extraordinary Ability

According to regulations of the United States Citizenship and Immigration Services (USCIS) found at 8 C.F.R. § 204.5(h)(2), extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor. Although no offer of employment is required, the alien must provide evidence that they are coming to the United States to continue work in their area of expertise. 8 C.F.R. § 204.5(h)(5).

To qualify in this category, under INA § 203(b)(1)(A):

(1) extraordinary ability of the alien must be demonstrated by sustained national or international acclaim and their achievements must have been recognized in the field through extensive documentation;

(2) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

(3) the alien’s entry into the United States will substantially benefit prospectively the United States.

Evidence of Extraordinary Ability

Under 8 C.F.R. 204.5(h)(3), a petition for an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Such evidence shall include evidence of a one-time achievement (that is, a major, internationally recognized award), or at least three of the following:

(a) Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

(b) Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

(c) Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought;

(d) Evidence of the alien’s participation as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

(e) Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

(f) Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;

(g) Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;

(h) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

(i) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or

(j) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

Do you have questions about this employment-based category, or how to obtain a green card through employment or investment? Please contact a Woodland Hills employment immigration attorney for a consultation so we can help you obtain a green card. In addition to Woodland Hills, we provide immigration attorney services in a variety of other areas, including Agoura Hills, Alhambra, Burbank, Calabasas, Canoga Park, Eagle Rock, Encino, Glendale, La Cañada Flintridge, Los Angeles, Mission Hills, Monterey Park, North Hollywood, Northridge, Pasadena, Reseda , San Fernando , Santa Clarita, Sherman Oaks, Tarzana, Thousand Oaks, Valley Village, Van Nuys, Warner Center, Winnetka, and West Hills. Even if your city is not listed, please don’t hesitate to contact us to see if we can help. Since immigration law is federal, we can help you wherever you live in the United States.

Outstanding Professors Or Researchers

To qualify under this category, as indicated in Immigration and Nationality Act (INA) § 203(b)(1)(B) it must be shown:

1. the alien is recognized internationally as outstanding in a specific academic area;

2. the alien has at least 3 years of experience in teaching or research in the academic area; and

3. the alien seeks to enter the United States:

(a) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area;

(b) for a comparable position with a university or institution of higher education to conduct research in the area; or

(c) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if they employ at least 3 persons full-time in research activities
and have achieved documented accomplishments in an academic field.

An offer of employment is required, but a labor certification is not required. According to 8 C.F.R. § 204.5(i)(3), evidence that the researcher or professor is recognized internationally as
outstanding can be shown with at least two of the following:

1. Documentation of the alien’s receipt of major prizes or awards for outstanding achievement in the academic field;

2. Documentation of the alien’s membership in associations in the academic field which require outstanding achievements of their members;

3. Published material in professional publications written by others about the alien’s work in the academic field;

4. Evidence of the alien’s participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;

5. Evidence of the alien’s original scientific or scholarly research contributions to the academic field; or

6. Evidence of the alien’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

Multinational Executives And Managers

To qualify under this category, as indicated in the Immigration and Nationality Act (INA) § 203(b)(1)(C):

1. the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States, must have been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof; and

2. the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive. INA § 203b)(1)(D).

Do you have questions about this employment-based category, or how to obtain a green card through employment or investment? Please contact a Woodland Hills employment immigration attorney for a consultation so we can help you obtain a green card. In addition to Woodland Hills, we provide immigration attorney services in a variety of other areas, including Agoura Hills, Alhambra, Burbank, Calabasas, Canoga Park, Eagle Rock, Encino, Glendale, La Cañada Flintridge, Los Angeles, Mission Hills, Monterey Park, North Hollywood, Northridge, Pasadena, Reseda , San Fernando , Santa Clarita, Sherman Oaks, Tarzana, Thousand Oaks, Valley Village, Van Nuys, Warner Center, Winnetka, and West Hills. Even if your city is not listed, please don’t hesitate to contact us to see if we can help. Since immigration law is federal, we can help you wherever you live in the United States.