EB-1: Employment Based Immigration – Permanent Workers – Extraordinary Ability/Outstanding Professor or Researcher/Multinational Executive or Manager

You do not need a labor certification, but you must meet certain requirements depending on your occupational category.

Extraordinary Ability

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. You do not need to have an offer of employment. However, you must provide evidence showing you are coming to the United States to continue work in this area of expertise.

We will review all the evidence you submit at one time, and will determine whether you qualify for this classification.

Outstanding Professors and Researchers

You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least three years of experience in teaching or researching in that academic area. You must be entering the United States to pursue tenure, a tenure track teaching, or comparable research position at a university or other institution of higher education. You must also have a job offer from a university, institution of higher learning, or department, division or institute of a private employer.

We will review all the evidence you submit at one time, and will determine whether you qualify for this classification.

Multinational Manager or Executive

You must have worked in a managerial or executive capacity for a firm or corporation outside the United States for at least one year during the three years before submitting your petition, and you must seek to enter the United States to continue service for that firm or organization. Your employment must have been with the same employer, an affiliate, or a subsidiary of the employer. Your employer must:

• Be a U.S. employer; and
• Have been doing business for at least one year as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

For more information on this visa classification please visit the Employment-Based immigration: First Preference EB-1 page.

You or the employer must:

• Review the instructions for Form I-140, Petition for a Nonimmigrant Worker;
• Complete and sign Form I-140;
• Pay the filing fee, if applicable; and
• Provide all required evidence and supporting documentation.

If you are filing for an EB-1 visa under extraordinary ability, you may file Form I-140 for yourself, and you may be eligible to file I-485, Application to Register Permanent Residence or Adjust Status.

Once we receive your Form I-140, we will process your application and you will receive a:

• Receipt notice confirming we received your petition;
• Biometric services notice, if applicable;
• Notice to appear for an interview, if required; and
• Notice of our decision.

Adjustment of Status

After we approve your petition, you can apply to become a lawful permanent resident if there is a visa available according to the State Department Visa Bulletin. You can do this by either filing Form I-485 if you are in the United States, or by applying through the U.S. Consulate if you are outside of United States (this method is called consular processing).

• Form I-140
• Use our Fee Calculator to help determine your fee.