The EB1 visa allows qualified professionals to immigrate to the USA, thus obtaining the well-known Green Card. This category included three types of professionals.
The first group consists of those professionals capable of demonstrating extraordinary skills in science, arts, education, business or sports. These skills are demonstrated according to criteria defined by law and must be supported by national or international acclaim. The professional must also demonstrate the intention to continue working in the area of exceptionality. The great advantage of this type of visa, for the professional, is that he or she can apply through his own petition, without the need for an American job offer or an employer being the applicant/sponsor of the visa.
The second group is composed by professors and researchers who demonstrate remarkable achievements in their academic field, according to criteria established by law. A minimum experience of 3 years in teaching and research within the area of activity is required and, unlike the first category, the professor/researcher must have an American job offer made by an institution that conducts similar research. The institution can be public or private, such as a university, organization or even a business.
Certain multinational managers and executives compose the third group of professionals who can benefit from the EB-1 visa. In this case, the multinational will apply for the visa, more specifically the American employer. The employer must follow certain requirements, such as: having a qualifying corporate relationship with the company outside the United States; the American employer must be operating internationally for at least one year; the function to be performed by the professional must be managerial or executive; and the professional must have been employed (inside or outside the USA) for at least 1 continuous year, in the last 3 years, prior to the request. Generally, this visa is used by professionals who are on a temporary “L” visa, to become a resident in the United States.
EB1 visas can benefit companies, educational institutions and even independent professionals to expand their professional capacity. The first of the EB1 visa categories, professionals with exceptional skills, are one of the very few exceptions to the labor certification and the requirement of a job offer, that is, the need to have an American employer offering a job position or even sponsoring the visa.