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EB-1 Visas for Extraordinary Individuals

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EB-1 Category: First Preference Priority Workers

United States federal regulations relating to employment based immigrant visas (commonly known as green cards) provide several options for qualified artists and entertainers who wish to reside in the United States on a permanent basis.

This category applies to aliens of extraordinary ability in the arts, science, education, business and athletics. This category does not require a job offer from an employer/agent or a labor certification to show there are no qualified U.S workers available to perform the position. In this category either a foreign national or an employer may file the immigrant petition.

“D’Alessio Law Group provided phenomenal client service while delivering successful results during the approval of both my O-1 Visa and Green Card (immigration from Canada to the United States of America). 

Leslie, Lorraine, and Kelly are notable for their vast range of experience and reliable response times during the lengthy and often daunting immigration process.”

Joseph Procopio – Google Review

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For artists and entertainers, the EB1 category for aliens of extraordinary ability is an excellent option for those individuals who have risen to the very top of their field of endeavor and will continue to work in the United States in that field.

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EB-1 Visa Categories

EB-1(A)

The EB-1A visa, also known as the Extraordinary Ability visa, is designed for individuals with exceptional skills and recognition in their respective fields.

To qualify for this category, you must prove extraordinary ability in the sciences, arts, education, business or athletics. 

Extensive documentation must show your accomplishments and recognition in your field. The applicant does not need a U.S. job offer to qualify.

Eb-1(A) Requirements

Applicants must qualify for 3 of the 10 criteria listed below:

  • Proof of lesser national or international awards for excellence
  • Proof that the applicant’s work has been displayed in exhibitions
  • Proof of the applicant’s significant contribution to their field
  • Proof of any memberships or associations in the qualified field that require outstanding achievement for members to join
  • Published materials about the applicant in professional or trade publications or other major media outlet
  • Proof that the applicant has been asked to participate in judging the work of others in their field
  • Proof of articles written in professional or trade publications or other major media outlets
  • Proof that the applicant has performed in a leading or crucial role in distinguished organizations
  • Proof that the applicant earns a high salary compared to others in the same field
  • Proof of the applicant’s commercial success in the field of the performing arts

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EB-1(B)

The EB-1B visa category is tailored for outstanding researchers and professors who have made significant contributions to their academic or research fields and seek to continue their work in the United States.

 Applicants must have at least 3 years of experience in teaching or research within their field.

The purpose for entry into the United States must be to pursue tenure or to work in a research position at a college or university.

Eb-1(B) Requirements

Applicants are required to have at least 2 of the 6 criteria listed below and an offer of employment from a U.S. employer in their field:

  • Proof of a major prize or award for outstanding achievement
  • Proof of memberships or associations that require outstanding achievement for members within their field to join
  • Proof of articles written by others about the applicant’s achievements within their field
  • Proof that the applicant has been asked to participate in judging the work of others in their field
  • Proof of the applicant’s outstanding contribution or research in their field
  • Proof of published books or journals written by the applicant within their field

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EB-1(C)

This visa is for outstanding multinational executives or managers.

To qualify, applicants need to have worked outside the U.S. in the last 3 years with 1 of those years working for a firm or corporation in a managerial or executive capacity. 

The applicant must be seeking entry into the U.S. in order to continue employment with the same company, affiliate or subsidiary.

Eb-1(C) Requirements

  • Applicant must have a U.S. job offer petitioning U.S. employer related to their field
  • For at least 1 year prior to the application, the U.S. petitioning company must be a subsidiary, affiliate or the same company as the business the applicant works for abroad.

Visa Documentation

  • Applicant must have a U.S. job offer petitioning U.S. employer related to their field
  • For at least 1 year prior to the application, the U.S. petitioning company must be a subsidiary, affiliate or the same company as the business the applicant works for abroad.

Related EB-1(C) Resources

Frequently asked questions on the EB1(c)

Overview of EB1 C for managers and executives 

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