EB-1A Alien of Extraordinary Ability
EB-1B Outstanding Professors and Researchers
EB-1C Multinational Executives and Managers

EB-1A Alien of Extraordinary Ability

What is the Definition of Alien with Extraodinary Ability?

Alien with extraordinary ability in science, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.

Qualifications of an Alien of Extraordinary Ability

Unless you have won a Nobel Prize, an Oscar, or a similar internationally recognized award, you must meet at least 3 of 10 alternative criteria:

1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence;
2. Evidence of your membership in associations in the field which demand outstanding achievement of their members;
3. Evidence of published material about you in professional or major trade publications or other major media;
4. Evidence that you have been asked to judge the work of others, either individually or on a panel;
5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media;
7. Evidence that your work has been displayed at artistic exhibitions or showcases;
8. Evidence of your performance of a leading or critical role in distinguished organizations;
9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field; and
10. Evidence of your commercial successes in the performing arts;

Advantages of EB-1A

1. Priority date is current;
2. Does not require a permanent job offer;
3. Does not require a labor certification;
4. Does not need a sponsor, you can self-petition;
5. Simple and fast than labor certification process.

What We Can Do for You?

1. Evaluate your qualifications for EB-1A application;
2. Find out the favorable points of your case and instruct you to collect related documents;
3. Assist you in deciding the best recommenders list;
4. Assist you to prepare the recommendation letter;
5. Weigh the value of all documents that you collected;
6. Prepare the petition letter and the package to file with USCIS, and
7. Inform you all correspondence from USCIS.

EB-1B Outstanding Professors and Researchers
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What is the Definition of Outstanding Professors and Researchers?

Professors and researchers are recognized internationally as outstanding in his or her academic field.

Qualifications for Outstanding Professor or Researcher Petition

To qualify as an Outstanding Professor or Researcher, you must meet the following basic requirements:

1. Hold a tenure-track faculty position or have a permanent job offer; and,
2. Have at least 3 years of prior teaching or research experience (can include Ph.D. or postdoctoral research if that research has been recognized as “outstanding”).

In addition, you must also meet at least 2 of the following 6 alternative criteria:

1. Evidence of receipt of major prizes or awards for outstanding achievement;
2. Evidence of membership in associations that require their members to demonstrate outstanding achievement;
3. Evidence of published material in professional publications written by others about the alien’s work in the academic field;
4. Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
5. Evidence of original scientific or scholarly research contributions in the field; and,
6. Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

Advantages of EB-1B

1. Less requirements than EB-1A; and,
2. Priority date is current;

Disadvantage of EB-1B

1. Require a permanent job offer from a research institute or a tenure-track faculty position from a higher education university; and,
2. Require employer’s sponsor.

EB-1C Multinational Executives and Managers
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Multinational companies conducting business in the U.S. and abroad may sponsor certain employees for Permanent Resident status as multinational managers or executives. The Employer must demonstrate that the alien was employed by the company (or its affiliate, parent or subsidiary) in a managerial or executive capacity outside the U.S. for at least one year out of the three years immediately preceding the transfer. For those cases where the alien is already in the U.S., the Employer must demonstrate that the alien was employed by the company (or its affiliate, parent or subsidiary) outside the U.S. in a managerial or executive capacity for at least one year out of the three years immediately preceding the nonimmigrant entrance into the U.S. The definitions of “manager” and “executive” for the EB-1C category mirror those of the L-1 nonimmigrant category. Please note that “Specialized Knowledge” transfers are not included for permanent transfer in this category.

What is the Definition of Multinational Executives and Managers?

“Managerial capacity” means that the individual:

1. Manages an organization, department, subdivision, function or component of the organization;
2. Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function;
3. If s/he directly supervises other employees, the Multinational Manager has the authority to hire and fire or recommend such actions. If s/he does not supervise others, the Multinational manager functions at a senior level within the organizational hierarchy or with respect to the function managed; and
4. Exercises direction over the day-to-day operations of the activity or function.

“Executive capacity” means that the individual:

1. Directs the management of the organization or a major component or function of the organization;
2. Establishes the goals and policies of the organization, component or function;
3. Exercises wide latitude in discretionary decision-making; and
4. Receives only general supervision or direction from higher level executives, the board of directors or stockholders.

In determining managerial or executive capacities, please note that first-line supervisors are not considered to be acting in a managerial capacity merely by virtue of their supervisory duties. Where staffing levels are used in determining if the position is managerial or executive, the reasonable needs of the organization, component or function in light of the overall purpose and stage of development of the company shall be considered. An individual is not considered to be acting as a manager or executive merely on the basis of the number of employees that s/he supervises, directly or indirectly.

Qualifications of Multinational Executives and Managers (EB-1C)

1. Multinational Manager or Executive must show that he or she were employed by a company affiliated with your current U.S. employer as a manager or executive outside the U.S. for at least one year out of the three years before your transfer to the United States.
2. This process requires the individual to have a permanent job offer from the U.S. company to work in an executive or managerial position.

Advantages of EB-1C

1. Don’t require a labor certification;
2. Priority date is current;

Disadvantage of EB-1C

1. Must submit evidence of the relationship between the U.S. and foreign company, organizational charts and other evidence describing the position offered;
2. An individual is not considered to be acting as a manager or executive merely on the basis of the number of employees that s/he supervises, directly or indirectly;
3. Executives or Managers has to satisfy certain qualification.