EB-1 (a) | Extraordinary Ability Alien Green Cards

Extraordinary Ability is one subcategory of Employment-Based (EB-1) Green Cards, which grant preference to priority workers such as artists, scientists, professors, researchers, and business people who have risen to the top of their field. An experienced immigration attorney can evaluate whether you meet the qualifications for Extraordinary Ability and help you through every step of the immigration petition process.

The Law Offices of Fariba Faiz specialize in Alien of Extraordinary Ability, or EB1-A, petitions. EB1-A visas allow for first-preference employment-based immigration for foreign nationals who possess extraordinary ability in the fields of art, science, business, education, and athletics. Prospective employment is not required to attain an EB1-A visa (unlike EB1-B and EB1-C petitions), but the recipient must continue to work in their field of ability with benefit to the U.S. upon relocation.

Advantages

  • No specific job offer is required.

    Foreign nationals may continue to work in their field of extraordinary ability upon entering the U.S.

  • Self-petition is allowed

    However, this can be a complicated process; the Law Offices of Fariba Faiz have successfully filed numerous EB1-A petitions and can help you through the process.

  • Labor certification is not required

    Allowing for expedited petition processing

  • Current and immediately available

    All countries in the EB-1 preferences category are eligible for an EB1-A visa

Qualifications

To receive an EB1-A visa, it is the petitioner’s responsibility to provide documentation of their extraordinary ability. Federal law defines “extraordinary ability” as a level of expertise only achieved by a small percentage of individuals in the fields of science, art, education, business, and athletics. To be considered having extraordinary ability, petitioners must be recipients of national and international acclaim through awards such as an Academy Award or a Nobel Prize. In place of such awards, petitioners must provide documentation in at least 3 of the following categories:

  1. Recognition by lesser-known national and international prize and awards guilds for outstanding achievement
  2. Organizational membership requiring achievement qualifications for admittance
  3. Professional, trade journal, or major media publications featuring the petitioner or their work
  4. Participation as a judge of other’s work in a related field, either individually or as part of a panel
  5. Original contributions of major significance to the field of science, education, athletics, or art
  6. Professional, trade journal, or major media publications featuring work written by the petitioner
  7. Display of the petitioner’s work in prestigious exhibitions
  8. Participation in a significant role within distinguished organizations
  9. Achievement of a higher salary than what is typical within the petitioner’s field
  10. Commercial success in the area of performing arts as indicated by box office or merchandise sales records
  11. Other comparable evidence appropriate to the petitioner’s field.

The expert immigration attorneys at the Law Offices of Fariba Faiz are skilled in assessing work that meets the federal criteria for “extraordinary ability” and have successfully filed countless EB1-A visas for our clients. Based on our previously approved cases, we will evaluate and present your occupational evidence in the most effective manner to secure visa approval.

EB-1 (b) | Outstanding Professors and Researchers

Outstanding Professors and Researchers is one subcategory of Employment-Based (EB-1) immigration visas, which awards Green Cards to highly acknowledged scientists and scholars. A knowledgeable immigration attorney can assess your qualifications and assist in every step of the immigration process as an Outstanding Professor or Researcher.

The Law Offices of Fariba Faiz offer expertise in Outstanding Professors and Researchers, or EB-1 (b), petitions. EB-1 (b) visas allow for employment-based immigration for foreign nationals with distinction in the scientific or scholarly fields. To attain an EB-1 (b) visa, applicants must have a permanent employment offer as either a professor or researcher from a U.S. employer; as a result, EB-1 (b) visas consider the employer to be the petitioner with the applicant named as a beneficiary. Qualified employers for EB-1 (b) petitions are limited to universities and higher education institutes.

Advantages

  • Labor certification is not required

    Allowing for expedited petition processing

  • Current and immediately available

    All countries in the EB-1 preferences category are eligible for an EB-1 (b) visa

Eligibility Criteria

To receive an EB-1 (b) visa, the applicant must substantiate their outstanding contributions to the scholarly and scientific fields. EB-1 (b) applicants must have a minimum of three years’ experience as a professor or researcher seeking employment relocation based on receipt of tenure, tenure-track, or research presentation at a university or other higher education institute. Applicants seeking an EB-1 (b) visa must also provide evidence of international recognition in at least 2 of the following categories:

  1. Recognition of outstanding achievement in the field documented by prize and award guilds
  2. Membership and accomplishment within prestigious organizations relevant to the field
  3. Professional or media publications recognizing the applicant’s accomplishments within the field
  4. Participation as a judge of other’s work in a related field, either individually or as part of a panel
  5. Significant original contributions to scholarly or scientific research in the field
  6. Publication of books, journals, or articles with international circulation.

The experienced immigration attorneys at the Law Offices of Fariba Faiz are skilled in evaluating whether researchers and professors have the experience and evidence required to attain an EB-1 (b) visa. We offer assistance through the entire petition process and have helped countless clients successfully petition for Outstanding Researchers and Professors immigration visas.

EB-1 (c) | Multinational Executives and Managers

Multinational Executives and Managers is a subcategory of an Employment-Based (EB-1) immigration visa which grants Green Cards to individuals seeking to start businesses in the U.S. A skilled immigration attorney can determine whether you met the federal requirements for Manager or Executive and help you through the immigration petition process.

The Law Offices of Fariba Faiz are highly knowledgeable in the qualifications, documentation, and filing required to successfully attain a Multinational Executives and Managers, or EB-1 (c) visa. EB-1 (c) visas allow for employment-based immigration for foreign nationals serving as executives or managers of companies looking to expand to the U.S. To attain an EB-1 (c) visa, applicants must have a permanent employment offer from a U.S.-based company that has a qualifying relationship with a foreign company (i.e. parent, subsidiary, affiliate), conducts business in the U.S. and at least one other country, and exists in the U.S. for at least one year.

Advantages

  • Labor certification is not required

    Allowing for expedited petition processing

  • Current and immediately available

    All countries in the EB-1 preferences category are eligible for an EB-1 (c) visa

Eligibility Criteria

To receive an EB-1 (c) visa, applicants must verify the standing as an executive or manager. EB-1 (c) applicants must be employed outside of the U.S. by the related foreign company for at least one of the three preceding years in an executive or managerial capacity. The U.S.-based company must also be in business for at least one year — applicants seeking an EB-1 (c) visa must also substantiate their qualifications as an executive or manager in their respective categories.

Managers must demonstrate their abilities including:

  1. Management of a corporation, department, or subdivision
  2. Supervision and control over the work of others (i.e. supervisory and professional employees) and manage essential workplace functions
  3. Authorization to make staffing decisions such as hiring, termination, and salary
  4. Control over the daily activities and functions of subordinate employees.

Executives must demonstrate that their role includes:

  1. Management of an organization or major function
  2. Authorization to establish company goals and policies
  3. Control over far-reaching discretionary decision making
  4. Supervised only by higher directors, board members, or stockholders

The experienced immigration attorneys at the Law Offices of Fariba Faiz are well-versed in the extensive documentation required from both applicants and employers to attain an EB-1 (c) Green Card. We offer expertise and assistance throughout the immigration petition process and have successfully attained many EB-1 (c) visas for multinational executives and managers.