EB1 Extraordinary Ability / Green Card And Visa Attorney

EB1 visa attorney

If you have an extraordinary ability or are an outstanding professor or researcher, or a multinational executive or manager, you may be eligible for the employment-based first preference (EB1) visa classification. Each of these three (3) categories has certain requirements that must be met.

An advantage of filing for the EB1 classification is that a labor certification from the DOL is not needed or required. Moreover, the EB1 worker could apply for himself or herself if the applicant is able to demonstrate their extraordinary ability.

On the other hand, an employer of (1) an outstanding professor/ researcher or (2) multinational executive or manager must file the FORM I-140 with USCIS on behalf of the applicant.

For additional information call our employment immigration attorney in Houston, Woodlands, Katy, or Sugarland, Texas.

Houston EB1/ Green Card Attorney

A foreign national with “extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international claim and whose achievements have been recognized in the sphere through extensive documentation” is eligible for the EB1 classification.

For more information, we encourage you to contact Board Certified Houston business immigration attorney Adan Vega for a private consultation to fully assess your eligibility.

You may be classified as a foreign national with extraordinary ability if you are one of “that small percentage who have been risen to the very top of the field of endeavor”. For example, if you received a major, internationally recognized award such as the Nobel Prize, you will qualify for the EB1 classification. Other awards may also qualify if you can document the award is of international acclaim.

There are three (3) pathways to the EB1 classification as listed below.

The worker can submit other internationally acclaim awards to achieve the EB1 classification:
  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
  • Membership in associations in the relevant field which demand special achievements of their members;
  • Published material about the foreign national in professional, or major trade publications, or relevant media;
  • Confirmation that the person has judged the work of others, either individually or on a professional panel;
  • Confirmation of the foreign nationals original scientific, scholarly, artistic, athletic, or business-related contributions of major significance;
  • Indication of the persons authorship of scholarly articles in publications or other major media;
  • If the foreign national’s work has been displayed at artistic exhibitions or showcases;
  • Performance of a leading or critical role in distinguish organizations;
  • Evidence that the person commands a high salary or other significantly high renumeration in relation to others;
  • Sign of commercial successes in the performing arts.

Outstanding Professors and Researchers

Outstanding professors and researchers who are recognized internationally for their academic achievements in a particular subject can qualify for EB1 classification. They must have at least three (3) years of experience in teaching or research in their academic field and have entered the US in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

If the employer is a private company rather than a university or educational institution, their department, division, or institute must employ at least three (3) people in a full-time research capacity and have achieved documented accomplishments in their specified academic field.

Evidence that the professor or researchers is recognized as outstanding in the academic field must include documentation of at least two (2) of the following:

Executive and managers

Some executives and managers of foreign companies who are transferred to the US could qualify for EB1 classification. A multinational manager or executive is eligible for EB1 classification if he or she has been employed outside the US in the three (3) years preceding the petition for at least one (1) year by a firm or corporation and seeks to enter the US to continue service to that firm or organization. The employment must have been outside the US in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary. The petitioner requesting the EB1 classification must be a US employer, working for at least one year, that is an affiliate or a subsidiary of the firm, corporation, or other legal entity that employed the foreign national abroad. Definitions of terms relevant to this EB1 category are found in 8 CFR section 204.5.

EB1- what you need to file

The USCIS FORM I-140 (Petition for Alien Worker) for an EB1 worker is required. All I-140 petitions must be filed at the USCIS regional service center that has jurisdiction over the place where the individual is to be employed. The petition packet must include the required documentation and should follow the specific filing guidelines of the service center. No labor certification is needed for EB1 petitions.

While the EB1 worker of extraordinary ability may petition for himself or herself, the employer must file the FORM I-140 petition for an outstanding professor or researcher and a multinational executive or manager.

Immigration Attorney Houston, TX

Our Houston immigration lawyers represent clients worldwide and our law firm offers consultations with an experienced board-certified immigration attorney in Houston TX, either by telephone or at our law office. To schedule an appointment to talk privately with one of our Houston immigration attorneys, call 713-527-9606 or contact us online.