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What does it take to get an EB-1 visa?

If you join the thousands of other foreign nationals who wish to enter the country for employment purposes, you may already know that you must receive a visa in order to do so. U.S. Citizenship and Immigration Services allows for numerous classes of employment visas based on occupation and skill.

One of these visas is the EB-1, or First Preference, visa. The qualifications for this visa require that applicants possess some extraordinary ability, work in multinational executive or management positions, or meet the definition of outstanding as a researcher or professor. You must fall into certain criteria set forth for each of these categories to receive an EB-1 visa.

Extraordinary ability

In order to meet this definition, you must possess extraordinary ability in one of the following disciplines:

  • Education
  • Science
  • Business
  • Arts
  • Athletics

You must have received international recognition of your abilities backed up by extensive documentation. You must also provide at least three of the 10 forms of evidence regarding your extraordinary abilities: 

  • Internationally recognized awards or prizes for excellence
  • Association memberships that require meeting certain outstanding achievements
  • Published material about you
  • Requests to judge others
  • Original contributions to your field
  • Scholarly articles you authored
  • Artistic showcases or exhibitions
  • Performance in a critical or leading role
  • Superior earning potential to others in your field
  • Commercial success in performing arts

In the alternative, if you won an Olympic gold medal, Oscar or Pulitzer, you need not provide any additional evidence from the categories above. You may submit a Petition for Alien Worker on your own behalf.

Outstanding researcher or professor

In order to receive an EB-1 visa under this category, you must prove that you received international recognition for your academic field. You must also have at least three years' experience in that discipline. You must also show that you a university (or other higher education institution) offered you a tenure track position or that a comparable research facility offered you employment here in the United States. Evidence in this category includes at least two of the following:

  • Association memberships that require meeting certain outstanding achievements
  • Internationally recognized awards or prizes for outstanding achievements
  • Published material about you
  • Scholarly articles or books you authored
  • Requests to judge others
  • Original contributions to your field

Your employer must petition for your entry into the country.

Multinational executive or manager

To qualify under this category, you must possess at least three years' work experience as an executive or manager. You must have reached at least your one-year anniversary with the firm or company, subsidiary or affiliate with which you will continue working here in the United States. Your employer must have existed and been conducting business here in the United States as the parent company, a subsidiary or affiliate. Your employer must file a petition on your behalf.

Gathering and providing the appropriate evidence, filling out the petition and handling all other matters required for your entry into the country under an EB-1 visa often requires the assistance of someone with the appropriate knowledge here in Texas. Any missteps in the process could delay your entry and potentially jeopardize your employment and earning potential.

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Malcolm Miranda and Associates, P.C.
321 N. Central Expressway
Suite 256
McKinney, Texas 75070

Phone: 469-714-0240
Fax: 469-714-0237
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