One route for getting an employment-based U.S. green card is the EB-1 program. Now, this program has very strict eligibility requirements. There are only three classes of professionals who can qualify for a green card under this program. The three classes in question are:
- Outstanding researchers and professors.
- Multinational executives or managers.
- Individuals of extraordinary ability.
There is a different set of rules for each of these three classes regarding what needs to be shown to demonstrate that a given individual falls into the class and would have eligibility for an EB-1 green card under that class. For example, there are ten specific criteria set out for showing that an individual has extraordinary ability. At least three of these criteria need to be met for a person to have EB-1 eligibility as an individual of extraordinary ability.
So, what kind of evidence and documentation can be key ones for a person pursuing EB-1 status is influenced by which of the three above-mentioned classes they are trying to demonstrate eligibility under.
What the process of applying for an EB-1 green card involves also varies among the three classes. Individuals of extraordinary ability do not need to have a job offer to apply for such a green card and can petition for this type of green card on their own. Meanwhile, outstanding researchers/professors and multinational executives/managers have to have an employer petition for them.
As this illustrates, each of the three qualifying categories of professions raises its own unique issues when it comes to seeking out an EB-1 green card. How these issues are addressed can heavily impact how efforts to apply for an EB-1 green card go for a foreign professional. This, in turn, could have major impacts on a professional’s future, both professionally and personally.
Skilled lawyers can advise professionals looking into the EB-1 green card program on the issues unique to their situation and how to address such issues.
Source: U.S. Citizenship and Immigration Services, “Employment-Based Immigration: First Preference EB-1,” Accessed Feb. 22, 2017