EB-1 CLASSIFICATION

EB-1A for aliens with extraordinary achievements
  • The applicant must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
  • The applicant must show evidence that they will be continuing to work in their expertise in the U.S. No offer of employment is required; therefore, “self-petition” is allowed. Also, labor certification is not required.

EB-1B for outstanding researchers or professors
  • The applicant must demonstrate international recognition for their outstanding achievements in a particular academic field.
  • The applicant must have at least 3 years’ experience in teaching or research in that academic area. They must be entering the United States to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer. 
  • An offer of employment from the prospective U.S. employer is required. The private employer must show documented accomplishments and that it employs at least 3 full-time researchers. No labor certification is required.

EVIDENTIARY CRITERIA FOR EB-1

Evidentiary Criteria for EB-1A

The applicant must either include evidence of a one-time achievement (major internationally recognized award); or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):
  • Receipt of lesser nationally or internationally recognized prizes or awards
  • Membership in associations
  • Published material about the applicant
  • Participation as a judge of the work of others either individually or on a panel
  • Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
  • Authorship of scholarly articles
  • Display of work at artistic exhibitions or showcases
  • Performance of a leading or critical role in distinguished organizations
  • A high salary or other significantly high remuneration
  • Commercial successes in the performing arts


Evidentiary Criteria for EB-1B

The applicant must include evidence of 2 of the 6 listed criteria below (or comparable evidence if any of the criteria do not readily apply):
  • Receipt of major prizes or awards
  • Membership in associations
  • Published material about the applicant
  • Participation as a judge of the work of others either individually or on a panel
  • Original scientific or scholarly research contributions
  • Authorship of scholarly books or articles (in scholarly journals with international circulation)

EB-1 PREPARATIONS

Step 1: Form I-140, Petition for Alien Worker
  • Part A: 3 of 10 Categories (EB-1A) or 2 or 6 Categories (EB-1B)
  • Part B: Final Merits Determination (the 2nd step for EB-1A)
  • Part C: Future Offers

Step 2: Upon approval of Form I-140
  • Consular Processing outside the U.S. or
  • Adjustment of Status (Form I-485) inside the U.S. Form I- 765 (Application for Employment Authorization) and Form I-131 (Application for Advanced parole) can be filed concurrently.