EB1 employment visa is for applicants who want to become US permanent residents based on employment or a job offer. EB1 employment visas are applicants with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers.
EB1 Extraordinary Ability
EB1 employment visa applicants in this category must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. EB1 employment visa applicant’s achievements must be recognized in their field through extensive documentation. No offer of employment is required. EB1 employment visa applicants must meet three of ten criteria below or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) to prove extraordinary ability in your field:
EB1 Outstanding Professors and Researchers
EB1 employment visa applicants in this category must demonstrate international recognition for their outstanding achievements in a particular academic field. EB1 employment visa applicants must have at least three years of experience in teaching or research in that academic area. EB1 employment visa applicants must be entering the US in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education. EB1 employment visa applicants must include documentation of at least two listed below and an offer of employment from the prospective U.S. employer:
EB1 Multinational Manager or Executive
EB1 employment visa applicants in this category must have been employed outside the US in the three years preceding the petition for at least one year by a firm or corporation and you must be seeking to enter the US to continue service to that firm or organization. EB1 employment visa applicant’s employment must have been outside the US in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer. EB1 employment visa applicant’s petitioning employer must be a US employer. EB1 employment visa applicant’s employer must have been doing business for at least one year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed them abroad.
The US State Department maintains an updated monthly list of the wait times for EB1 employment visa applications. The monthly list of wait times is called the “Visa Bulletin” and can be found on the US State Department website. The Visa Bulletin will show various dates under each employment visa category (First Preference). The date listed therein is the date in which the EB1 employment applications they are currently processing were filed.
Please note that once you apply for an EB1 employment visa that such applicant would not qualify for a tourist, business or student visa because such visas require an intent “not” to immigrate to the US. By filing the EB1 employment visa application an applicant is declaring they have an intent to immigrate to the US. Such intent to immigrate makes an applicant ineligible to receive a visitors visas such as tourist, business or student visas.
US State Department - EB1 Employment Visa
Foreign Affairs Manual - EB1 Employment Visa