Philadelphia Immigration Lawyers | Employment-Based Visas – Part One: EB-1 Visa

Many foreign nationals seek to remain legally in the United States by obtaining employment-based visas.  Deciding which type of employment visa applies in each case requires careful review. In this four part blog series, we will highlight the most common types of employment visas: the EB-1 visa, the EB-2 visa, the EB-3 visa and the NIW visa.

EB-1 Visa

The EB-1 or “First Preference” visa exists to attract the most talented and qualified individuals to work in the United States.  To qualify for an EB-1 visa, an individual most either possess an extraordinary talent, be an outstanding professor or be a multinational manager or executive.  Each one of these occupational categories has certain requirements that must be met.

  • Individuals with extraordinary talent or ability

Foreign nationals who have an extraordinary talent or ability in the fields of science, art, education, business or athletics and have obtained a certain amount of national or international acclaim may qualify for the EB-1 visa.  Examples of the criteria that these individuals must meet are: recipient of major national or international prize (such as the Pulitzer Prize, an Academy Award or Olympic medal); evidence of commercial success in the commercial arts; authorship of scholarly articles in professional publications; evidence of significantly higher salary in your professional field; evidence of significant contributions in your field and evidence that your artistic work has been displayed at national or international exhibits. No evidence of an employment offer is needed to obtain an EB-1 visa on this basis.

  • Outstanding professors or researchers

Individuals who can demonstrate that they are an outstanding professor or researcher in their particular academic field may obtain an EB-1 visa.  In addition to having at least three years experience in their academic field, individuals applying for this type of employment visa must also be entering the United States in order to pursue a university tenure track or comparable type of research position.  An offer of employment is a requirement for an EB-1 visa issued on this basis.  To establish that you are an outstanding professor or researcher, you must have evidence of major academic achievement in your field such as published materials, memberships in professional organizations, scholarly research or receipt of academic prizes.

  • Multinational manager or executive

If you have been employed as a manager or executive outside of the United States within the last three years, you may qualify for an EB-1 visa as a multinational manager or executive.  To obtain an EB-1 visa on this basis, you must have been working for the company for at least one year and you must be seeking to enter the United States to continue your service to that organization.  Your American employer, or an American employer who has been doing business as an affiliate or subsidiary of your company, must file the petition on your behalf.

The Philadelphia Immigration Lawyers Surin & Griffin, P.C.  can Help you Obtain an Employment Based EB-1 Visa

If you have an extraordinary ability or talent, are an outstanding professor or researcher or are a multinational manager or executive, you may qualify for an EB-1 employment- based visa.  The experienced Philadelphia immigration law attorneys at Surin & Griffin, P.C. can assist you in the visa application process as well all your other immigration law needs.  We handle all types of immigration law matters including those related to deportation and green cards. To schedule your confidential consultation today, contact the Philadelphia immigration law firm of Surin & Griffin, P.C. at (215) 925-4435 or submit an online inquiry form.