We explain the EB-1 visa application criteria for outstanding professionals, researchers and multinational executives

Within the list of visas established in the U.S. immigration laws, there are several types for foreign professionals with extraordinary abilities or achievements, so that they can settle in the U.S. on a regular basis, obtain permanent residence and contribute to the country thanks to their skills and knowledge.

In the previous installment we explained how to apply for the O-1 visa, a type of nonimmigrant visa through employment, that is, one that allows people to work in the U.S. on a temporary basis. This time we will talk about a similar visa, the EB-1 or extraordinary ability visa, which does grant permanent residence to those who have had an outstanding career in science, business, sports. Attorney Noelia Ramos answered the main questions about this visa in the Hispanic Conexion podcast.

The EB-1 visa and its subcategories

The EB-1 visa is intended for outstanding professionals in their home countries who wish to immigrate to the United States. It is divided into three subcategories in which petitioners or applicants may be:

• EB-1A: professionals who have managed to climb to the top of their careers in science, arts, education, business or sports.
• EB-1B: outstanding professors and researchers.
• EB-1C: executives or managers of a multinational corporation. 

This visa grants permanent residence and provides the same benefit to the spouse and children under 21 years of age of the applicant. In the case of EB1-A and EB1-B, no job offer is required to apply, while for the EB1-C subcategory there must be an employer or job offer in the United States.  

EB-1A visa, for professionals in the sciences, arts, education, business or sports

The U.S. Immigration authorities set forth ten criteria, of which the applicant must meet at least three:

• Having received nationally or internationally recognized awards or prizes for excellence.
• Membership in associations in his or her professional field that require outstanding achievements by their members.
• Published materials about the applicant in major professional and trade media. Here, the audience and credibility of that media should be analyzed, and the content should refer to the profession and the person's contribution.
• Judging the work of others, either individually or as part of a panel in their professional field.
• Authorship of scholarly articles in professional publications, trade journals, or major media outlets.
• Having your work exhibited in art exhibitions or art shows. Not only artistic exhibitions are valid, but also panels, forums, seminars where the person provides knowledge.
• Proof of performance in a major or important role in distinguished organizations.
• High salary or some other remarkably high remuneration compared to others in the field.
• Commercial success in the performing arts, in the case of artists.

EB-1B Visa, for outstanding professors and researchers.

It is necessary to demonstrate that the applicant has earned international recognition in his or her academic field. You must have at least three years of teaching or research experience, and the main purpose of your move to the United States must be to further develop your career as a tenured professor or researcher at an institution of higher education or with a private employer. 

There are six criteria established by the authorities, of which at least two must be proven. Among the most important is to have a study or research that has achieved a very large impact in your field of study. 

EB-1C Visa, for executives and managers of multinational companies located abroad.

This category requires an employer or job offer. The petitioner must meet six criteria:

• Be employed by a company that has a presence in the U.S., either as an affiliate or subsidiary.
• The company or headquarters for which the individual works must be outside of the U.S.
• The U.S. employer and the applicant's current employer must be related entities.
• The applicant must have been an employee of that company for at least one year.
• Must be in an executive or managerial position. Consideration is given to how many people he/she has under him/her.
• The U.S. company must be able to pay the applicant's salary. If the U.S. employer is requesting the person to settle permanently and is offering a salary, the authorities review the accounting part of that company to evaluate if it can pay such salary. 

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