EB-1 Employment-Based Immigration: First Preference

About the EB-1 Classification

Someone seeking a visa may be eligible for an employment-based, first-preference visa if they are an alien and qualify as one of the following:

  • EB-1A:   A person of extraordinary ability
  • EB-1B:   An outstanding professor or researcher
  • EB-1C:   Are a certain multinational executive or manager.

Each occupational category has certain requirements that must be met.

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Learn More on the USCIS Website!

How Can a Business Plan for an EB-1 Application Help?

A business plan provides for a single-document presentation of the evidence that the Treaty Trader or Employee of a Treaty Trader meets the requirements per USCIS guidelines, enhancing the submission for the EB-1 visa. A business plan prepared by Polaris Business Consulting presents its narrative in a sensible flow from beginning to end, which clearly showcases how the company and the applicant/beneficiary meet all requirements. Polaris’s business plans also go that extra mile to present market and financial analyses of the employer's enterprise in order to provide support for the business’s operational feasibility.

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EB-1A Extraordinary Ability

An applicant must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

The applicant must show evidence showing that you will be continuing to work in the area of your expertise AND must EITHER provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) OR meet at least 3 of the 10 criteria below. No offer of employment or labor certification is required.

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence.
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members.
  • Evidence of published material about you in professional or major trade publications or other major media.
  • Evidence that you have been asked to judge the work of others, either individually or on a panel.
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media.
  • Evidence that your work has been displayed at artistic exhibitions or showcases.
  • Evidence of your performance of a leading or critical role in distinguished organizations.
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field.
  • Evidence of your commercial successes in the performing arts.

EB-1B Outstanding Professors and Researchers

You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer.

In order to demonstrate you are an outstanding professor or researcher, you must include evidence of 2 of the 6 listed criteria below (or comparable evidence if any of the criteria do not readily apply):

  • Evidence of receipt of major prizes or awards for outstanding achievement
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement
  • Evidence of published material in professional publications written by others about the alien's work in the academic field
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Evidence of original scientific or scholarly research contributions in the field
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

EB-1C Multinational Manager or Executive

You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity.

Your petitioning employer must be a U.S. employer and intend to employ you in a managerial or executive capacity. The petitioner must have been doing business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capacity.
No labor certification is required.

Learn More on the USCIS Website!

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