EB1 Visa Requirements
A. Introduction
Congress makes green cards readily available to certain business people, professors and researchers, and people of special talent—known as priority workers. Foreign persons who qualify in this category need no labor certification.
B. Categories
This category makes 40,000 visas available each year. Priority workers include:
- aliens of extraordinary ability in the arts, sciences, business, education and athletics (EB1-A);
- outstanding professors and researchers (EB1-B); and
- managers and executives of international companies being transferred permanently to the U.S. (EB1-C).
C. A Labor Certification not Required
EB-1 petitions do not require a labor certification before filing.
D. Self-petition Allowed for EB1-A
An alien of extraordinary ability (EB1-A) needs no labor certification and no U.S. employer sponsor; these foreign nationals may self-petition. Beneficiaries of EB1-B and EB1-C, by contrast, require a U.S. employer sponsor.
E. Comparison of three Subcategories of EB-1
| EB1-A: Aliens of Extraordinary Ability | EB1-B: Outstanding Professors and Researchers | EB1-C: International Managers and Executives | |
|---|---|---|---|
| Labor Certification | Not required | Not required | Not required |
| Self petition | Allowed | Not Allowed | Not Allowed |
| Qualifications | Extraordinary ability in sciences, arts, education, business, or athletics, coming to the States to continue the work in the same field, and work will benefit the U.S. | Having obtained international acclaim; Having three year experience in teaching and research; and being on a tenured track or comparable position | Having been employed in a managerial or executive capacity for at least one continuous year in the preceding three years by the overseas affiliate of the U.S. employer; and coming to work in the United States in a managerial or executive capacity |