EB-1 Priority Visas

 

The EB-1 visa is a United States visa created by the Immigration Act of 1990. This visa provides a method of obtaining permanent residency for "priority workers". Those are foreign nationals who either have "extraordinary abilities", or are "outstanding professors or researchers", and also includes "some executives and managers of foreign companies who are transferred to the US". 

 

The visa is granted to three types of aliens:

 

    * those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation

 

    * "Outstanding professors and researchers" who "are recognized internationally for their outstanding academic achievements in a particular field". They must also have "at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education" plus other conditions.

 

    * "Some executives and managers of foreign companies who are transferred to the U.S." They need to have been employed, during the last three years, for at least one year outside of the US in a managerial position in the same company that is going to employ them in the US or in one of its affiliates. Plus other conditions.

Application

 

EB-1, unlike EB-2 and EB-3, don't have to complete the "labor certification" process, and they can get temporary work card and travel documents while the application is pending.

 

Aliens with extraordinary ability don’t have to demonstrate that they have an employer in the US, they only need to demonstrate that they will keep working in the field in which they have the extraordinary abilities. Aliens who are managers or executives or outstanding professors or researchers will have to demonstrate that they will have an employer in the US.