EB-1: Extraordinary Ability, Outstanding Professors and Researchers, and Executives and Managers of Multi-national Companies

The first employment-based preference category is for persons of extraordinary ability, outstanding professors and researchers, and executives and managers of multinational companies. If you are eligible under this category, you are not required to obtain a Labor Certification from the U.S. Department of Labor.

Persons of extraordinary ability must demonstrate sustained national or international acclaim in the sciences, arts, education, business, or athletics. A person of extraordinary ability is not required to have a prospective employer and may file the visa petition in his/her own behalf.  In order to be classified as a person of extraordinary ability, the person must demonstrate his/her abilities and achievements through extensive documentation.

To be classified as an outstanding professor or researcher, you must also satisfy various criteria. Specifically, you must have a minimum of three years experience in teaching or research, be recognized internationally as outstanding in an academic discipline, and be coming to the U.S. for a tenured or tenure-track position or a comparable position to conduct research. Although no labor certification is required for an outstanding professor/researcher, you must have a sponsoring employer with an ongoing offer of employment.

Finally, to be classified as a multinational executive or manager, you must have been employed abroad in that capacity for at least one year in the three years preceding your entry into the U.S. Additionally, you must be coming to the U.S. to continue to work for a qualifying, related entity of the foreign employer.  Again, there is no labor certification required for this category, but your employer must provide evidence that you will work as an executive or manager in a qualifying capacity.

Applications under this and the other employment-based categories must be very detailed and all criteria must be extensively documented. As a result, it is not recommended that you or your employer pursue an employment-based application without the close assistance of an immigration attorney.