EB-1 Visas For Noncitizens Who Possess Extraordinary Abilities

Foreign nationals who possess extraordinary ability in the sciences, arts, education, business or athletics may apply for an EB-1 visa, which allows the holder to obtain permanent residency in the U.S. Applicants' achievements must be recognized in their field by extensive documentation. EB-1 visas have several classifications.

The experienced immigration attorneys at Steven C. Thal, P.A., in Minnetonka, Minnesota, assist individuals and employers seeking to obtain EB-1 visas. We have a thorough understanding of what criteria must be met and what documentation must be presented.

EB-1A Visas — Aliens With Extraordinary Ability

To enter the U.S. on an EB-1A visa, applicants must have risen to the top of their profession and must plan to continue working in their area of extraordinary ability. Receiving international recognition, such as a Nobel Peace Prize or an Academy Award, is sufficient evidence to receive EB-1A certification.

In lieu of such prestigious evidence of international recognition, proof of at least three of the following types of evidence identified by the Immigration and Naturalization Service (INS) may suffice to receive an EB-1A visa:

  1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence
  2. Membership in associations in the field that demand outstanding achievement of their members
  3. Published material about the alien in professional or major trade publications or other major media
  4. Evidence that the alien has judged the work of others, either individually or on a panel
  5. Evidence of the alien's original scientific, scholarly, artistic, athletic or business-related contributions of major significance to the field
  6. Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media
  7. Evidence that the alien's work has been displayed at artistic exhibitions or showcases
  8. Performance of a leading or critical role in distinguished organizations
  9. Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field
  10. Evidence of commercial successes in the performing arts

An offer of employment is not necessary to receive an EB-1 visa. However, an applicant who has three or more of these criteria is not guaranteed of receiving an EB-1A visa. The overall quality of the applicant's accomplishments will be assessed. Our knowledgeable attorneys can help you build strong support for your EB-1A petition.

EB-1B Visas — Outstanding Professors And Researchers

Foreign nationals who are outstanding professors or researchers and who seek to enter the U.S. to teach or conduct research in that academic area may be able to receive an EB-1B visa. The applicant must be recognized internationally as outstanding in the specific area of academic study. Evidence of sufficient recognition as outstanding in your academic field must include two of the following:

  1. Receipt of major prizes or awards for outstanding achievement
  2. Membership in associations that require their members to demonstrate outstanding achievements
  3. Published material in professional publications written by others about the alien's work in the academic field
  4. Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  5. Original scientific or scholarly research contributions in the field
  6. Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

A written offer of employment to teach or conduct research for a qualified prospective U.S. employer is required in order to receive an EB-1B visa. The teaching or research role must be with a U.S. institution of higher education or with a comparable research institute or division of a private employer. The institute must employ a minimum of three individuals in full-time research activities and show that it has achieved documented accomplishments in an academic field.

EB-1C — Multinational Manager Or Executive

Managers or executives of multinational companies who seek a transfer to a U.S. company may receive an EB-1C visa. In order to qualify, applicants must show:

  • They have been employed outside the U.S. for a minimum of one year out of the previous three years
  • The applicant plans to continue working for that company
  • The employment outside of the U.S. must have been in a managerial or executive capacity with the same employer, an affiliate or a subsidiary of that employer

Form I-140 — a petition for a foreign worker — must be filed with U.S. Citizenship and Immigration Services (USCIS) to request EB-1C classification. Once the petition is approved, the applicant, the applicant's spouse, and his or her children under 21 may apply for visas through adjustment of status in the United States or through consular processing at a U.S. Consulate outside of the United States.

We Can Clarify The EB-1 Process During A Consultation

The EB-1 process is complex and requires ample paperwork. We can help you determine if you are qualified to file for an EB-1 visa and collect the necessary documentation in order to expedite the process. Call 612-424-2942 or use our online contact form to schedule a meeting.