Guide to EB-1 Visas

Employment-based immigration laws allow companies and other corporates to hire foreign talent and skills. Among the leading employment-based immigration places people in the EB-1 category. This category is available to people with extraordinary abilities like outstanding researchers or professors, and certain multinational managers and executive leaders.

EB-1 Visa
photo credit: Wikimedia Commons

What is an EB-1 Visa?

It is a temporary authorization to come and stay in the United States. Foreigners with this visa don’t require to have a labor certification. But in some instances, the prospective employer should provide the immigrant with a job offer.

However, it’s important to note that not everyone qualifies for this visa. The visa is only available to

  • Persons of extraordinary skills and talent
  • Outstanding researchers and professors
  • Some multinational managers and executive leaders

The EB-1 Visas for Persons with Extraordinary Skills, Talents, and Abilities

Can you demonstrate extraordinary skills in arts, education, sciences, athletics, and business through sustained national acclaim? Then you’re a person of extraordinary ability and thus eligible for an EB-1 visa to the United States.

For your application to go through, you must meet at least three of the following listed criteria. Alternatively, you must show evidence of one-time major achievements like the Pulitzer Prize, Oscar Award, and an Olympic medal. Further, you must prove your intent to continue working in your areas of expertise while in the country.

The criteria for showing extraordinary ability includes:

  1. Receipt of nationally or internationally recognized awards for excellence.
  2. Published material about you in major media, major trade, or professional publications.
  3. Membership in associations and professional bodies that demand excellent achievement of their member.
  4. A request to judge other people’s work as an individual or as a group.
  5. An original and significant artistic, athletic, scientific, and scholarly contribution to the field.
  6. Authorship of scholarly pieces in professional, trade publications, and other media.
  7. The commercial success in the performing arts.
  8. Display your work in artistic showcases and exhibitions.
  9. Performance of a critical or leading role in reputable and distinguished corporates.
  10. Ability to command higher remuneration to others in the industry.

Do you meet any three of these criteria? Then contact EB-1 Visa Lawyer in Dallas to help you out in this exercise.

The EB-1 Visa for Outstanding Researchers and Professors

Do you want to get into the US under this category? Then you must demonstrate international recognition for achievements in your academic field. Further, you must have at least three years of experience teaching or research in that field.

As an EB-1 holder, you’ll be expected to pursue a tenure track teaching or comparable research position in institutions of higher learning. And yes, you must have a job offer from your employer.

Your EB-1 visa lawyer in Dallas will assess the evidence you submit to support this application and determine whether you do qualify under this category or not.

The EB-1 Visas for Multinational Executives or Managers

Some multinational managers are eligible for EB-Q visas. The applicant should’ve been employed outside the country by a US company for at least a year in the last three years. The US company –employer- must have been in operation for a year and have a qualifying relationship to the entity the employee worked for outside the country. It should also intend to engage the worker in executive or managerial capacity.

It’s worth noting that only a U.S employer can kick-start the EB-1 visa application process for the multinational executive or manager. The employer must file relevant forms to petition for an Alien Worker. The employer must also commit to paying the worker the stated wages.


The process of applying for an EB-1 visa is very comprehensive. For this, many people choose to engage a reputable attorney to file for the visas. Doing so is the only way to ensure the application is done right to guarantee approval.