EB1 Green Card

. . . with or without a job offer

The EB1 green card category has many benefits.  For some green card applicants, the main benefit of the EB1 category is that a US employer is not needed.  EB1 green card applicants who can submit EB1 applications on their own behalf qualify for this benefit by virtue of having an “Extraordinary Ability”.

FAQs

No.  “EB1” simply refers to the applicant category.  The resultant green card is the same as other green cards.

Applicants qualify for EB1 classification if they fall into one of these three categories:

  • Extraordinary ability: These EB1 applicants must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Their achievements must be recognized in their field through extensive documentation. No offer of employment is required
  • Outstanding professor and researchers: These EB1 applicants must demonstrate international recognition for your outstanding achievements in a particular academic field. They must have at least 3 years of experience in teaching or research in that academic area. They must be entering the US in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
  • Multinational manager or executive: These EB1 applicants must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and they must be seeking to enter the US to continue service to that firm or organization. Their employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

EB1 applicants who claim to have Extraordinary Ability must either provide evidence of a one-time super achievement (eg, Nobel, Pulitzer, Oscar, Olympic medal) or meet three out of the following 10 criteria:

  • 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

EB1 applicants in the category Extraordinary Ability do not need a job offer.

Yes, if they meet the criteria of “extraordinary ability” or can qualify as a multinational executive

USCIS offers premium processing for some EB1 green cards.  This expedited processing can reduce the processing time to 15 days.  However, if USCIS requests additional evidentiary documentation, the process can be extended by an additional 15 days after receipt of the requested documents.  Afterwards EB1 green card applicants who are overseas will then schedule an interview at their US consulate.

© 2024 Jordan Counsel LLC. All rights reserved