What Are the Requirements for Obtaining an EB-1 Visa?
April 7, 2025
If you're considering applying for an EB-1 visa, you likely already have a clear vision of your accomplishments and the opportunities this visa can unlock. At Paul D. Cass Attorney at Law, I’ve helped numerous clients in Los Angeles, California, and nearby areas achieve their goal of obtaining a U.S. visa through the EB-1 category.
Whether you're a researcher, an executive, or a person of extraordinary ability, understanding the requirements of the EB-1 visa is crucial in preparing for a successful application.
The EB-1 visa, classified as an employment-based visa, is often regarded as one of the most desirable pathways for foreign nationals looking to live and work permanently in the United States.
The application process, while streamlined for individuals who meet certain qualifications, can still be challenging if you're unfamiliar with the specifics of immigration law.
Below, I’ll explain the key requirements for obtaining an EB-1 visa and provide information on the application process, helping you determine whether you qualify and how to best present your case to U.S. Citizenship and Immigration Services (USCIS).
The EB-1 Visa
The EB-1 immigration law visa is designed for foreign nationals who have demonstrated extraordinary ability in their field, are outstanding professors or researchers, or are multinational executives and managers.
It offers the potential for permanent residence (a green card) in the United States without requiring employer sponsorship for all categories, although some sub-categories do require a job offer or employment relationship.
There are three main categories within the EB-1 visa immigration law classification:
EB-1A: Individuals with extraordinary ability – This category is for people who have demonstrated extraordinary ability in their field, such as arts, sciences, education, business, or athletics.
EB-1B: Outstanding professors and researchers – This category is designed for individuals who are internationally recognized for their achievements in a particular academic field.
EB-1C: Multinational executives and managers – This is for individuals who have been employed as executives or managers for a multinational company for at least one year and are seeking to transfer to the United States in a similar position.
Each category has its own specific set of requirements. However, regardless of the category, the process of applying for an EB-1 visa involves presenting a compelling case to demonstrate that you meet the qualifications required by U.S. immigration law.
Individuals With Extraordinary Ability
For those applying under the EB-1A category, the primary requirement is to show that you possess extraordinary ability in one of the following fields: the sciences, arts, education, business, or athletics.
This classification is for people who have risen to the very top of their field and can demonstrate a level of expertise that is significantly higher than that of others in the same profession.
To qualify for the EB-1A visa, you must meet at least three of the following criteria:
Evidence of documentation of achievements – This could include awards, prizes, or significant recognition in your field that show you’re considered among the best in your profession.
Membership in associations – Membership in professional associations that require outstanding achievements for membership can be an important piece of evidence.
Authorship of scholarly articles – If you’ve published research or scholarly articles that are widely cited within your industry, this could serve as solid evidence of your extraordinary ability.
Display of work in exhibitions or showcases – If your work has been displayed in exhibitions, galleries, or events that demonstrate your recognition in the field, this is valuable proof of your ability.
Judging the work of others – If you’ave been asked to serve as a judge for the work of others in your field, such as reviewing academic papers or serving on award selection panels, this is significant evidence of your standing in your industry.
Employment in a critical role for a distinguished organization – If you hold or have held a critical position with an organization or company of significance in your field, this can demonstrate your level of expertise.
Additionally, if you’re unable to meet three of the criteria listed above, you may be able to present comparable evidence to prove your extraordinary ability. This flexibility is one of the reasons the EB-1A is so valuable for individuals who have exceptional skills but might not fit neatly into the prescribed categories.
One important aspect of applying for an EB-1A visa is that you do not need a job offer or employer sponsorship. This means that you can self-petition, allowing you to apply for the visa without needing an employer to support your application.
Outstanding Professors and Researchers
The EB-1B category is intended for individuals who have achieved international recognition for their contributions to academia or research. If you’re a professor or researcher who has been recognized for your groundbreaking work and contributions to your field, the EB-1B may be the right option for you.
To qualify for the EB-1B visa, you must demonstrate the following through immigration law:
International recognition for outstanding achievements – You must show that you’ve been recognized as an expert in your field by peers and institutions across the globe. This can be demonstrated through awards, invitations to speak at conferences, and letters of recommendation from colleagues.
At least three years of experience in teaching or research – You must have at least three years of experience in a teaching or research capacity in your academic field. This can include positions such as university professor, postdoctoral fellow, or research scientist.
Additionally, the EB-1B category requires that you have a job offer from a U.S. employer. The employer will file a petition on your behalf, and you will need to demonstrate that the job offered aligns with your qualifications. The job must be in a field that directly relates to your expertise and experience.
One benefit of the EB-1B category is that it allows for relatively quick processing times compared to other types of employment-based visas, especially if the petitioner is a highly skilled professor or researcher with substantial recognition in their field.
Multinational Executives and Managers
The EB-1C category is designed for multinational executives and managers who have been employed in a managerial or executive capacity for a foreign company and are seeking to transfer to the United States in a similar role.
This category is particularly advantageous for individuals who have worked for large, international corporations or companies with branches in multiple countries.
To qualify for an EB-1C visa, the applicant must meet the following requirements:
One year of employment with the foreign employer – You must have been employed by the foreign company in a managerial or executive capacity for at least one continuous year within the three years preceding your application.
Job offer in a similar position – The U.S. employer must offer you a position that is in a managerial or executive role. The job must be directly related to your experience, and the employer must have an established presence in the U.S.
Proof of managerial or executive capacity – You must provide documentation that demonstrates you’ve worked in a managerial or executive role in the foreign company. This includes overseeing employees, making high-level decisions, and having authority over key aspects of the business operations.
The EB-1C visa offers several advantages under immigration law, including the ability to self-petition in some cases, as well as the potential for fast-track processing for multinational executives and managers.
General Requirements for All EB-1 Categories
Regardless of the specific category under which you’re applying, there are several general requirements that must be met in order to apply for an EB-1 visa. These include:
Proof of a clean criminal record – You must submit evidence that you have no criminal convictions that would disqualify you from obtaining a U.S. visa.
Filling out the proper forms – The main form used for EB-1 petitions is the I-140, Immigrant Petition for Alien Worker. You will also need to submit supporting documentation, including evidence of your qualifications and accomplishments.
Medical examination – A medical exam is required as part of the immigration process to confirm that you do not have any health conditions that would disqualify you from entry into the U.S.
Adjustment of status or consular processing – Once your I-140 petition is approved, you may need to apply for adjustment of status if you're already in the U.S. or go through consular processing if you're outside the U.S.
The Next Steps
As an experienced visa attorney, I am here to guide you through immigration legal processes and confirm that your application is as strong as possible.
My firm—Paul D. Cass, Attorney at Law—is proud to serve Los Angeles, California, and the surrounding areas of Burbank, Inglewood, Glendale, Pasadena, and throughout Los Angeles County, Orange County, Riverside County, and San Diego County. Contact me today.