EB-1 PREPARATIONS
Step 1: Form I-140, Petition for Alien Worker
- Part A: 3 of 10 Categories (EB-1A) or 2 or 6 Categories (EB-1B)
- Part B: Final Merits Determination (the 2nd step for EB-1A)
- Part C: Future Offers
Step 2: Upon approval of Form I-140
- Consular Processing outside the U.S.: or
- Adjustment of Status (Form I-485) inside the U.S. Form I- 765 (Application for Employment Authorization) and Form I-131 (Application for Advanced parole) can be filed concurrently.
EB-1 CLASSIFICATION
EB-1A for aliens with extraordinary achievements
- The 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 that they will be continuing to work in their expertise in the U.S. No offer of employment is required; therefore, “self-petition” is allowed. Also, labor certification is not required.
EB-1B for outstanding researchers or professors
- The applicant must demonstrate international recognition for their outstanding achievements in a particular academic field.
- The applicant must have at least 3 years’ experience in teaching or research in that academic area. They must be entering the United States to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer.
- An offer of employment from the prospective U.S. employer is required. The private employer must show documented accomplishments and that it employs at least 3 full-time researchers. No labor certification is required.
EVIDENTIARY CRITERIA FOR EB-1
Evidentiary Criteria for EB-1A
The applicant must either include evidence of a one-time achievement (major internationally recognized award); or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):
- Receipt of lesser nationally or internationally recognized prizes or awards
- Membership in associations
- Published material about the applicant
- Participation as a judge of the work of others either individually or on a panel
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
- Authorship of scholarly articles
- Display of work at artistic exhibitions or showcases
- Performance of a leading or critical role in distinguished organizations
- A high salary or other significantly high remuneration
- Commercial successes in the performing arts
Evidentiary Criteria for EB-1B
The applicant must include evidence of 2 of the 6 listed criteria below (or comparable evidence if any of the criteria do not readily apply):
- Receipt of major prizes or awards
- Membership in associations
- Published material about the applicant
- Participation as a judge of the work of others either individually or on a panel
- Original scientific or scholarly research contributions
- Authorship of scholarly books or articles (in scholarly journals with international circulation)