This is the top permanent residence category that includes extraordinary ability workers, outstanding professors and researchers, and multinational manager and executive transfers. Because it is the top category, there are currently enough visa numbers available for EB-1 nationals of all countries.
A. Extraordinary ability workers.
This category is for foreign nationals who possesses extraordinary ability in the sciences, arts, education, business, or athletics by demonstrating sustained national or international acclaim. The requirements to be classified as an EB-1 extraordinary ability worker are somewhat similar to the O-1 temporary visa classification requirements but the burden of proof and standard of review are higher. The foreign worker must demonstrate sustained national or international acclaim either by receiving a one-time major, internationally-recognized award, such as the Nobel Prize, or by satisfying at least three alternative criteria including receipt of lesser nationally or internationally recognized prizes or awards for excellence, membership in associations in the field which demand outstanding achievement of their members, published material about you in professional or major trade publications or other major media, judging the work of others, either individually or on a panel, original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field, authorship of scholarly articles in professional or major trade publications or other major media, work being displayed at artistic exhibitions or showcases, performance of a leading or critical role in distinguished organizations, command of a high salary or other significantly high remuneration in relation to others in the field, or commercial successes in the performing arts. The foreign national may apply on his own for extraordinary ability classification and does not need a U.S. employer to initiate the permanent residence process.
B. Outstanding professors and researchers
Outstanding researchers and professors with demonstrated international recognition and at least three years of experience in teaching or research may apply for EB-1 outstanding professor or researcher classification. Workers seeking this classification cannot apply on their own but must have an employment offer from a U.S. employer. To fit in this category, the foreign worker must satisfy at least two of a set of criteria including receipt of major prizes or awards for outstanding achievement, membership in associations that require outstanding achievement, published material in professional publications written by others about the worker’s work in the academic field, participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field, original scientific or scholarly research contributions in the field, and authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
C. Multinational manager or executive transfers
Managers or executives of multinational companies who have been employed abroad for at least one out of the preceding three years in a managerial or executive capacity for a qualifying affiliate, parent, subsidiary or branch of a U.S. company and who seek to work in a managerial or executive capacity at the U.S. company may qualify for EB-1 classification as a multinational manager or executive. This classification requires an employment offer from a U.S. company that has been actively doing business for at least one year.