Employment-based options are typically the quickest and easiest route to residency in the United States. One of the most popular is the EB-1 green card category because it does not require PERM Labor Certification. In the information below, we'll go over the EB-1 green card in detail as well as the requirements for eligibility.
EB-1 Green Card Categories
EB-1 is designed for foreign workers who possess “extraordinary skills” in their profession. These individuals are given first preference in gaining a green card. There are three qualifying groups within the EB-1 category:
- Extraordinary Ability - Reserved for people who hold specialized and superior ability in either science, business, education, art, or athletics.
- Outstanding Professor and Researcher - Reserved for individuals who are renowned doctors, scientists, or scholars.
- Multinational Executives or Managers - Reserved for people who are of an executive or managerial level of a multinational company that is opening a new office location within the United States. You could also qualify for this category if you are an executive that is being transferred to United States office in order to impart specialized knowledge.
EB-1 Green Card: Benefits of Choosing EB-1
One of the biggest advantages of the EB-1 category is that you do not have to go through the PERM Labor Certification in order to be eligible. The purpose of PERM Labor Certification process is to determine if a U.S. employee could meet the requirements necessary for the foreign worker's intended position. It is usually a cumbersome and costly process that can potentially eliminate a foreign worker's eligibility for a position. The fact that EB-1 does not require this certification process is a tremendous benefit.
If you are interested in the Extraordinary Ability category, you do not need to have a permanent job offer in order to be eligible. The is an advantage because it allows you to apply on your own rather than having to rely on an employer to apply on your behalf. However, if you are interested in the Outstanding Professor and Researcher category or the Multinational Executives and Managers category, you will need to have a permanent job offer on the table--the intended employer will need to file your application for you.
EB-1 Green Card Eligibility Requirements by Group
In order to meet the requirements for EB-1 green card eligibility in the Extraordinary Ability category, you will need to match at least three of the following conditions:
- You have received an award for excellence of international notability within your field.
- You hold membership to group(s) that require outstanding achievement within your field.
- A major publication or other major media source has published material about your professional achievements.
- You have been a judge on a panel that evaluated the work of others in your field.
- Depending on your specific professional field, you have made a significant business, scientific, athletic, or artistic contribution.
- You have published scholarly articles or other major publications in your professional field.
- You have achieved significant commercial and public success in the performing arts.
Outstanding Professor and Researcher
In order to meet the requirements for EB-1 green card eligibility in the Outstanding Professor and Researcher category, you will need to provide evidence that you have achieved at least two of the following:
- A major prize or award for a significant achievement in your professional field.
- Membership to a group or association that requires you to have made an outstanding achievement in your field.
- A major publication has written a scholarly article, journal, or material about your work.
- You have been a judge on a panel that evaluated the work of others in your professional field.
- You have made significant academic or scientific contributions to your field.
- You have published a scholarly article, journal, or book in your field.
Multinational Executives and Managers
In order to meet the requirements for EB-1 green card eligibility in the Multinational Executives and Managers category, you will need to meet the following conditions:
- You must have been employed as a manager or executive for a company outside the U.S. for at least one year within the last three years.
- Your intended position in the U.S. will be of a managerial or executive level.
- Your intended U.S. employer has been in business for a minimum of one year.
EB-1 Green Card Process Summary
If you wish to pursue an EB-1 green card, we’ve put together a few steps to get you started based on which EB-1 category you choose:
- Extraordinary Ability: If you are applying for the Extraordinary Ability group, you will have to file Form I-140 (Petition for Alien Worker). Because this group does not require PERM labor certification, you may file the form on your own behalf.
- Outstanding Professors and Researchers: This group also does not require perm labor certification. However, it does require a permanent job offer. Because of this, you will need to have a U.S. employer file form I-140 (Petition for Alien Worker) on your behalf.
- Multinational Manager or Executive: Like the Outstanding Professors and Researchers group, this group requires that your intended employer offer you a permanent position and file form I-140 on your behalf. Those hoping for EB-1 green card eligibility in this group will have to have been employed as a manager or executive for a company in a country outside the U.S. for at least one year within the last three years.
For more information about the requirements of EB-1 green card eligibility, contact the experienced professionals at Katz Law Office Ltd. today for a free consultation.