EB1 Visa Requirements

A. Introduction

Congress has made green cards easily available for certain business people, professors and researchers, and people with special talents. These people are called priority workers. Foreign persons qualifying in this category don't need to acquire a labor certification.

B. Categories

There are 40,000 visas annually available under this category. Priority workers include:

  1. aliens of extraordinary ability in the arts, sciences, business, education and athletics (EB1-A);
  2. outstanding professors and researchers (EB1-B); and
  3. managers and executives of international companies being transferred permanently to the U.S. (EB1-C).

C. A Labor Certication not Required

Petitions under EB-1 category do not need a labor certification before the petition filing.

D. Self-petition Allowed for EB1-A

For aliens of extraordinary ability (EB1-A), not only labor certification is not required but the foreign person does not need to be sponsored by a U.S. employer. These foreign nationals may petition themselves. However, beneficiaries of EB1-B and EB1-C need sponsorship from a U.S. employer.

E. Comparison of three Subcategories of EB-1

Aliens of Extraordinary Ability
Outstanding Professors and Researchers
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