Employment-Based Immigration: first Preference EB-1

You might be eligible for an employment-based, first-preference visa if you are an alien of extraordinary capability, are an exceptional professor or researcher, or are a particular international executive or supervisor. Each occupational category has certain requirements that need to be satisfied:

Your petitioning company must be a U.S. employer and mean to employ you in a managerial or executive capability. The petitioner should have been doing service in the U.S. for at least 1 year, as a legal entity with a certifying relationship to the entity that used you abroad in a managerial or executive capacity.

No labor certification is required.

* Criteria for Demonstrating Extraordinary Ability

In order to show you have sustained national or worldwide recognition and employment that your accomplishments have been recognized in your field of knowledge, you need to either include proof of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed requirements below (or equivalent evidence if any of the requirements do not readily use):

- Evidence of receipt of lesser nationally or worldwide recognized rewards or awards for excellence

- Evidence of your membership in associations in the field which demand impressive accomplishment of their members

- Evidence of released product about you in professional or significant trade publications or other major media

- Evidence that you have been asked to judge the work of others, either separately or on a panel

- Evidence of your initial scientific, scholarly, artistic, athletic, or business-related contributions of significant significance to the field

- Evidence of your authorship of academic articles in expert or significant trade publications or other major media

- Evidence that your work has been displayed at creative exhibits or displays

- Evidence of your efficiency of a leading or vital role in prominent organizations

- Evidence that you command a high salary or other significantly high compensation in relation to others in the field

- Evidence of your commercial successes in the carrying out arts


For additional information on Extraordinary Ability, read our policy in Volume 6, Part F, Chapter 2, of the USCIS Policy Manual.

** Examples of Documentary Evidence That an Individual is an Exceptional Professor or Researcher

In order to show you are an exceptional professor or scientist, you should consist of evidence of 2 of the 6 noted criteria below (or similar evidence if any of the requirements do not readily use):

- Evidence of receipt of significant prizes or awards for impressive accomplishment

- Evidence of subscription in associations that require their members to show impressive accomplishment

- Evidence of released product in professional publications written by others about the alien's work in the academic field

- Evidence of involvement, either on a panel or separately, as a judge of the work of others in the exact same or field

- Evidence of initial clinical or academic research study contributions in the field

- Evidence of authorship of scholarly books or posts (in scholarly journals with global blood circulation) in the field


For more information on Outstanding Professors and employment Researchers, employment read our policy in Volume 6, Part F, Chapter 3, of the USCIS Policy Manual.

To learn more on Multinational Executives or Managers, read our policy in Volume 6, Part F, Chapter 4, of the USCIS Policy Manual.

Application Process

Extraordinary Ability: You might obtain yourself by submitting a Form I-140, Petition for Alien Worker.

Outstanding Professors and Researchers: Your U.S. employer need to submit a Type I-140, Petition for Alien Worker. As part of the application process, your employer needs to be able to demonstrate a continuing capability to pay the provided wage as of the top priority date. Your employer may utilize a yearly report, federal earnings tax return, or audited monetary statement to demonstrate a continuing capability to pay your wage.

Multinational Manager or Executive: Your U.S. employer must submit USCIS Form I-140, Petition for Alien Worker. As part of the application procedure, your employer should be able to show a continuing capability to pay the provided wage since the top priority date. Your employer may use a yearly report, federal earnings tax return, or audited financial declaration to show a continuing ability to pay your wage.