Employment Based Immigration – EB1 - Shankar law

Employment Based Immigration – EB1

This is a continuation of the previous blog: Employment Based Permanent Residents.

Just to reiterate, each year, the Department of Homeland Security (DHS) allocates 140,000 petitions that may be awarded green cards through EB categories. Each country, no matter the size or the population, gets seven percent (7%) of the 140,000 available petitions. Meaning, each country gets 9,800. This number is further divided into the five categories. This section will discuss the EB – 1 Category.

The EB – 1 Category will receive 28.6 % of the 9800 allocated petitions for each country. This means that EB – 1 category will receive approximately 2802 petitions plus any number not used in EB – 4 and EB – 5 Categories.

EB – 1 which is Priority Workers Category has three subcategories:

1. Persons of extraordinary ability in the sciences, arts, education, business, or athletics

2. Outstanding professors or researchers

3. Managers and Executives subject to international transfer to the United States.

Persons of extraordinary ability in the sciences, arts, education, business, or athletics

In order to qualify for this subcategory an individual must demonstrate extraordinary ability in sciences, arts, education, business, or athletics. Meaning, the individual must have arisen to the top of his/her field. The individual must be able to prove that their achievements, in their respective fields, through document evidence.

The USCIS requires individuals to meet 3 out of the following 10 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

10. Evidence of your commercial successes in the performing arts

Note, however, that meeting 3 out of the 10 criteria is not a sure guarantee; it is just a bare minimum to qualify and try the process.

Outstanding professors or researchers

In order to qualify for this subcategory an individual must have international recognition in their respective field. He/She must have at least 3 years of experience in their academic area and must enter the United States with tenure or a tenure track position at a University or other Higher Education Institution.

The USCIS website lists the following as Documentary Evidence that a person can show when applying under this Subcategory:

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

6. Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

In order to qualify for this subcategory an individual must have been employed outside the US for at least 1 year in the past 3 years and the individual must now be seeking to enter the US as an employee of the firm or corporation. The employment outside the US must have been in a managerial or executive capacity. In addition, the employment must be with the same employer, an affiliate or a subsidiary of the employer.

Please check back for more detailed information on EB Petitions or if you have questions feel free to give us a call at 1-800-985-5517.

With the huge influx of children from Central America, the question a lot of people have is “what will happen next?”

Unfortunately, it is very hard to give a simple answer. This link provides a decent overview of what the families might be facing.

Please feel free to leave a comment or if you have any questions contact us at 212-461-1467.


All comments and/or opinions are for general information, and should not be used as legal advice. In addition any comments and/or opinions do not create an attorney-client relationship. In order to obtain a comprehensive and accurate legal opinion you should consult an attorney with the specific and detailed facts or your case/question.