Employment/Business
EB-1
There are three different types of applicants who qualify for the EB1 category of employment based green card. The major benefit of EB1 visa is that unlike any other employment based categories, EB1 applicants do not have to go through the PERM process. No labor certification/PERM is required for this classification, but the prospective employer must provide a job offer and file an immigrant petition for Alien worker with the USCIS.
The priority dates for EB1 remain current for most part . As a result the EB1 category is rarely subject to the backlog which is why the immigrant petition alien worker can be filed together with the green card application. Directly with the Service Center having jurisdiction over the area where the applicant will work.
Following people are eligible to file under EB1 process:
- Certain multinational executives and managers. Please see L-1 visa section to get more information on multinational executives and managers.
- Those who have extraordinary ability in the sciences, arts, education, business or athletics . For more information about extra ordinary ability, please see our section on O-1 visa. Note that O-1 visa holders do not need an employer to initiate the green card process.
- Outstanding professors and researchers.
Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the US in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education. If the employer is a private company rather than a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field.
Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:
- Receipt of major prizes or awards for outstanding achievement;
- Membership in associations that require their members to demonstrate outstanding achievements;
- Published material in professional publications written by others about the alien's work in the academic field;
- Original scientific or scholarly research contributions in the field;
- Original scientific or scholarly research contributions in the field;
- Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
As mentioned earlier, no labor certification/PERM is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS.
Our attorneys have extensive experience of green card process for EB-1 category. For more information please contact our office.
