Powers Immigration Law

Employment-Base, First Preference (EB-1)

Foreign nationals may be eligible for an employment-based, first-preference (EB-1) visa if they fall into one of the following categories:

  • have an extraordinary ability,
  • are an outstanding professor or researcher, or
  • are a multinational executive or manager.

 Each of these categories has unique requirements. The specific requirements are listed below.

Typically, the priority date for this type of visa is current, thus, the visas are immediately available. If approved for this type of visa, the foreign national enters the United States or adjusts status to that of a permanent resident.  To check whether the visas in this category are current, visit the Department of State website.

Extraordinary Ability – The foreign national must be able to demonstrate his or her extraordinary ability in the sciences, arts, education, business, or athletics through comprehensive documentation. This documentation must demonstrate recognition of his or her national or international acclaim.

When documenting his or her extraordinary ability, the foreign national must meet three of the ten criteria listed below, or provide evidence of a one-time substantial achievement such as a Pulitzer, Oscar, or Olympic Medal.

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

  • Evidence of membership in associations in the field which demand outstanding achievement of their members

  • Evidence of published material about the foreign national in professional or major trade publications or other major media 

  • Evidence that the foreign national has been asked to judge the work of others, either individually or on a panel

  • Evidence of the foreign national’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

  • Evidence of the foreign national’s authorship of scholarly articles in professional or major trade publications or other major media 

  • Evidence that the foreign national’s work has been displayed at artistic exhibitions or showcases 

  • Evidence of the foreign national’s performance of a leading or critical role in distinguished organizations 

  • Evidence that the foreign national commands a high salary or other significantly high remuneration in relation to others in the field

  • Evidence of the foreign national’s commercial successes in the performing arts

The foreign national may self-petition for this category, meaning an employer is not required to sponsor the individual.

The pages of this website provide general information about immigration processes and is not intended to be legal advice. If you have questions specific to your case, to schedule a consultation, please call (704) 556-1156 for the Charlotte office, (828) 394-1196 for the Hickory office, or click here.

Powers Immigration Law ("the Law Office") maintains this website to provide general information about the firm and the services it provides to its clients.  The information contained on this website is not intended to be legal advice and it should not be relied on as a substitute for seeking legal counsel.   The Law Office does not seek to enter into an attorney-client relationship with any reader of its on-line content.  An attorney-client relationship with the firm can only be formed based on personal consultation with an attorney, followed by a determination that the Law Office is willing and able to accept such representation.




Powers Immigration Law ♦ tanya.powers@tmpowerslaw.com

520 8th Street NE ♦ Hickory, NC 28601 ♦ (828) 394-1196

5200 Park Road, Suite 221 ♦ Charlotte, NC 28209  ♦ (704) 556-1156

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