Qualifications For The EB-1 Visa
Foreign individuals with outstanding abilities or achievements in the academic, scientific or business fields may qualify for a first-preference visa, also called an EB-1 visa. In Michigan, our attorneys at ImmigrationLegal.org can guide you in determining if you are eligible and meeting the criteria and qualifications established by the U.S. Citizenship and Immigration Services (USCIS).
It is vital to discuss the particularities of your situation if you want to enter the U.S. as a noncitizen with extraordinary abilities or a professional with outstanding achievements. Our lawyers are honest about your eligibility and your options.
Proving Your Eligibility
Candidates for the EB-1 visa for extraordinary abilities or outstanding achievements are required to submit certain evidence and relevant backup documentation. As established by the USCIS, the below qualifications apply.
A non-U.S. citizen with extraordinary abilities can apply for this visa without a labor certificate, that is, a job offer from a U.S. employer, provided the individual received a world-renowned award based on their outstanding achievements in science, sports, arts or education. Otherwise, they must meet three of the 10 criteria involving evidence of publications, contributions or authorship of books or articles relevant to the candidate’s practice field. The criteria also include citations to the candidate’s work in relevant studies or research. Artists should provide evidence of their success and art exhibitions.
An alien researcher or academic with outstanding achievements in the academic fields qualifies for an EB-1 visa provided the individual:
- Has three years of experience in their field, at a minimum, and meets two out of six eligibility criteria, which include submitting evidence of an award or memberships due to outstanding contributions and achievements, as well as evidence of contributions to their field
- Has three years of experience as a teacher or researcher in the field of application
- Proves the entrance to the U.S. is to work in a U.S. educational institution (university or higher) as an academic or researcher
A foreign manager or executive may apply for this visa provided:
- The individual has a job offer in the U.S. to hold an executive or managerial position and has worked outside U.S. soil for at least one year in a three-year period prior to their petition to enter the country or admission if they already work for a U.S. employer
- The U.S. employer or petitioner is a legally established company in the country with operations of one year, at the least. Criteria to qualify and admissible evidence include outstanding contributions to a business.
Our attorneys can help you learn and discuss your options and decide the evidence to submit. If you qualify for an EB-1 visa, our attorneys will work relentlessly to assist you through the process.