EB1 Visa: A General Guide

Jump to Section

Quick Facts — EB1 Visa Lawyers

The EB-1 visa, an employment-based visa, allows people with outstanding abilities and job titles to apply for US permanent residency. This visa is specifically designed for people with extraordinary ability, outstanding professors, researchers, and multinational executives and managers. Also, it is important to know that the EB-1 visa is reserved for individuals who are exceptional in their field and have received national or international acclaim. When the EB-1 visa is approved, the applicant may submit a green card application to become a permanent resident of the United States.

Eligibility Criteria for the EB-1 Visa

To be eligible for the EB-1 visa, applicants must meet one of the following criteria:

  • Extraordinary Ability: Applicants must demonstrate extraordinary ability in their expertise, evidenced by sustained national or international acclaim. It can be demonstrated through awards, publications, memberships in professional associations, and other achievements.
  • Outstanding Professors and Researchers: Applicants must be recognized internationally as outstanding in their academic field and have at least three years of teaching or research experience.
  • Multinational Managers and Executives: Applicants must have been employed in a managerial or executive capacity for at least one of the three years preceding their application by a multinational corporation outside the United States and must be coming to the United States to work for the same employer or a subsidiary or affiliate.

Benefits of the EB-1 Visa

Below are some key advantages of getting an EB-1 Visa.

  • No Labor Certification Required: Unlike many other employment-based visas, the EB-1 visa does not require a labor certification, which can be time-consuming and complicated.
  • Permanent Residency: The EB-1 visa grants permanent residency to the applicant, allowing them to live and work in the United States indefinitely.
  • No Job Offer Required: Applicants do not require a job offer to apply for the EB-1 visa, making it a prevalent option for self-employed individuals and entrepreneurs.
Meet some lawyers on our platform

Bryan B.

343 projects on CC
CC verified
View Profile

Lori B.

356 projects on CC
CC verified
View Profile

Philips V.

25 projects on CC
CC verified
View Profile

Dolan W.

1740 projects on CC
CC verified
View Profile

How to Apply for the EB-1 Visa

Here are some steps you must follow to apply for an EB-1 Visa.

  1. File Form I-140. The primary step in the EB-1 visa application process is to file Form I-140, Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).
  2. Collect Evidence. Applicants must collect evidence to support their eligibility for the visa category they are applying for, including documentation of their extraordinary ability, outstanding professor or researcher status, or multinational manager/executive position.
  3. Attend Biometrics Appointment. Applicants must attend a biometrics appointment to have their fingerprints and photo taken.
  4. Attend an Interview (if required). USCIS may require applicants to attend an interview to discuss their application.
  5. Receive Decision. USCIS will examine the application and decide whether to approve or reject the visa. If authorized, the applicant can move on to the subsequent step.
  6. Apply for Adjustment of Status or Immigrant Visa. Applicants must then apply for an adjustment of status or an immigrant visa to live and work in the United States as a permanent resident.

Requirements for the EB-1 Visa

The EB-1 visa category requires individuals to demonstrate their extraordinary ability in science, arts, education, business, or athletics. The applicant must provide evidence of their achievements, such as major international awards, publications, and patents. The applicant must also demonstrate that they have sustained national or international recognition for their achievements and that their work benefits the United States.

The Outstanding Researcher or Professor category requires applicants to have a minimum of three years of experience in teaching or research and demonstrate international recognition in their field. The applicant must provide evidence of their publications, research, awards, and a job offer from a U.S. employer.

The Multinational Executive or Manager category requires applicants to have worked for a multinational company for at least one year in the past three years. The applicant must demonstrate that they have held a managerial or executive position and will be transferring to a U.S. branch of the company.

Key Terms for EB-1 Visas

  • Extraordinary Ability: The EB-1 visa is reserved for individuals with exceptional ability in their field, such as science, arts, education, business, or athletics.
  • Priority Workers: The EB-1 visa category is considered a priority worker visa, meaning there are no annual caps on the number of visas available.
  • Green Card: Successful EB-1 visa applicants obtain a green card, which permits them to live and work permanently in the United States.
  • National Interest Waiver (NIW): EB-1 applicants who can demonstrate that their work is in the national interest of the United States can apply for an NIW, which waives the requirement for a job offer and labor certification.
  • Petitioner: The employer or sponsor who registers the EB-1 visa application on behalf of the applicant is called the petitioner.
  • Outstanding Professors and Researchers: The EB-1 visa is also available for excellent professors and researchers with a job offer from a United States university or research institution.
  • Evidence: To qualify for an EB-1 visa, applicants must provide proof of their extraordinary capabilities, such as publications, awards, patents, and media recognition.

Final Thoughts on EB-1 Visas

The EB-1 visa is excellent for individuals with extraordinary abilities, outstanding professors and researchers, and multinational managers and executives. It provides numerous benefits and does not require a labor certification or job offer.

However, the application process can be complex and requires careful preparation and attention to detail. If you are considering applying for an EB-1 visa, it is recommended that you consult with an experienced immigration attorney to help guide you through the process.

If you are looking to get free pricing proposals from vetted lawyers that are 60% less than typical law firms, you can Click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Get Proposals for E-1 Visa

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,023 reviews

Meet some of our EB1 Visa Lawyers

Thomas D. on ContractsCounsel
View Thomas
4.9 (17)
Member Since:
September 20, 2024

Thomas D.

Managing Partner
Free Consultation
Milwaukee, WI
37 Yrs Experience
Licensed in WI
University of Wisconsin

I graduated from the University of Wisconsin Law School. Upon graduation, I went to McDermott, Will & Emery in Chicago and practiced corporate, real estate and tax law. I then joined Godfrey & Kahn where I became a shareholder in the real estate group, head of real estate lending and continued to practice corporate law. At these firms, I received excellent training and represented some of the largest and most innovative clients in the US. After practicing law for 15 years, I founded a real estate development company. I built a multi-million dollar company and developed many significant projects. I sold the company and was recruited for senior positions by two other real estate companies. I continued to hone my legal skills at these companies by negotiating and drafting countless documents for my businesses. The combination of my legal and business experience helps me foster the growth of clients' businesses, solve their problems and guide them through difficult matters.

Recent  ContractsCounsel Client  Review:
5.0

"Thomas was helpful and efficient in reviewing the master services agreement for me"

Brian W. on ContractsCounsel
View Brian
5.0 (7)
Member Since:
May 18, 2023

Brian W.

Business & Immigration Attorney
Free Consultation
Texas or Alabama
3 Yrs Experience
Licensed in AL
Texas Southern University

As a licensed AL lawyer with over 7 years of experience in the legal field, I have spent more than 15 years working in the business and finance sector. I am deeply passionate about immigration, contracts, & my expertise spans a wide range of projects. From handling ICOs & IPOs to navigating VCs, SaaS, OnlyFans, Wholesaler & Manufacturing Agreements, Prenups, Movie Finance, M & As, Visas, Green Cards and more. I have a comprehensive understanding of various contractual needs. Whatever your contract requirements may be, feel free to reach out to me—I can craft or work on any contract with precision and expertise.

Recent  ContractsCounsel Client  Review:
5.0

"Brian was great to work with and delivered the work requested well before the deadline. He went above and beyond to provide what I needed for my project. Thanks, Brian!"

Karl D. S. on ContractsCounsel
View Karl D.
4.7 (2)
Member Since:
October 28, 2022

Karl D. S.

Attorney
Free Consultation
Middlebury, Connecticut
14 Yrs Experience
Licensed in CT, MA
Pepperdine University School of Law

Karl D. Shehu, has a multidisciplinary practice encompassing small business law, estate and legacy planning, real estate law, and litigation. Attorney Shehu has assisted families, physicians, professionals, and people of faith provide for their loved ones by crafting individualized estate and legacy plans. Protecting families and safeguarding families is his passion. Attorney Shehu routinely represents lenders, buyers, sellers, and businesses in real estate transactions, researching and resolving title defects, escrowing funds, and drafting lending documents. To date, Attorney Shehu has closed a real estate deal in every town in Connecticut. As a litigator, Attorney Shehu has proven willing to engage in contentious court battles to obtain results for his clients. While practicing at DLA Piper, LLP, in Boston, Attorney Shehu represented the world’s largest pharmaceutical companies in multidistrict litigations filed throughout the United States. He has been a passionate advocate for immigrants and the seriously injured, frequently advising against lowball settlement offers. He is willing to try every case to verdict, and he meticulously prepares every case for trial. Attorney Shehu began his legal career as a consumer lawyer, utilizing fee-shifting statutes to force unscrupulous businesses to pay the legal fees of aggrieved consumers. For example, in Access Therapies v. Mendoza, 1:13-cv-01317 (S.D. Ind. 2014), Attorney Shehu utilized unique interpretations of the Trafficking Victims Protection Act, Truth-in-Lending Act, and Racketeer Influenced and Corrupt Organizations Act (RICO) to obtain a favorable result for his immigrant client. Attorney Shehu is a Waterbury, Connecticut native. He attended Our Lady of Mount Carmel grammar school, The Loomis Chaffee School, and Chase Collegiate School before earning degrees from Boston College, the University of Oxford’s Said Business School in England, and Pepperdine University School of Law. At Oxford, Karl was voted president of his class. Outside of his law practice, Attorney Shehu has worked to improve the world around him by participating in numerous charitable endeavors. He is a former candidate for the Connecticut Senate and a parishioner of St. Patrick Parish and Oratory in Waterbury. In addition, Attorney Shehu has written extensively on the Twenty-fifth Amendment and law firm retention by multinational firms.

Jose P. on ContractsCounsel
View Jose
5.0 (1)
Member Since:
February 13, 2021

Jose P.

Partner
Free Consultation
San Antonio, Dallas
26 Yrs Experience
Licensed in TX
University of Pennsylvania

I am a corporate lawyer with expertise working with small businesses, venture capital and healthcare. Previously, I worked at large law firms, as well as head attorney for companies. I graduated from Harvard College and University of Pennsylvania Law School. I speak 5 languages (Spanish, French, Italian and Russian, plus English), visited over 60 countries, and used to compete in salsa dancing!

Recent  ContractsCounsel Client  Review:
5.0

"Was an absolute pleasure working with them. I plan on working with them a lot in the future."

Briana C. on ContractsCounsel
View Briana
5.0 (60)
Member Since:
February 15, 2021

Briana C.

Founder, Branch Legal LLC
Free Consultation
Boston, MA
14 Yrs Experience
Licensed in CA, MA, NY
Columbia University School of Law

Legal services cost too much, and are often of low quality. I have devoted my law practice to providing the best work at the most affordable price—in everything from defending small businesses against patent trolls to advising multinational corporations on regulatory compliance to steering couples through a divorce.

Recent  ContractsCounsel Client  Review:
5.0

"Briana was responsive and quick to put the draft together. It has been a pleasure working with her!"

Jo Ann J. on ContractsCounsel
View Jo Ann
5.0 (7)
Member Since:
February 23, 2021

Jo Ann J.

Partner
Free Consultation
Boston, MA
30 Yrs Experience
Licensed in MA
Suffolk Universtiy Law School

Jo Ann has been practicing for over 20 years, working primarily with high growth companies from inception through exit and all points in between. She is skilled in Mergers & Acquisitions, Contractual Agreements (including founders agreements, voting agreements, licensing agreements, terms of service, privacy policies, stockholder agreements, operating agreements, equity incentive plans, employment agreements, vendor agreements and other commercial agreements), Corporate Governance and Due Diligence.

Recent  ContractsCounsel Client  Review:
5.0

"Greatly appreciate Jo Ann's responsiveness and quick turnaround. Brought an incredible amount of knowledge and experience to a project I have little experience in."

Meghan P. on ContractsCounsel
View Meghan
4.8 (6)
Member Since:
February 15, 2021

Meghan P.

Attorney
Free Consultation
San Francisco
8 Yrs Experience
Licensed in CA
University of Dayton

I am a licensed attorney and a member of the California Bar. I graduated from the University of Dayton School of Law's Program in Law and Technology. I love IP, tech transfers, licensing, and how the internet and developing technology is changing the legal landscape. I've interned at both corporations and boutique firms, and I've taken extensive specialized classes in intellectual property and technology law.

Recent  ContractsCounsel Client  Review:
5.0

"Meghan was great to work with! She understood everything perfectly and delivered greatly."

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Get Proposals for E-1 Visa

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,023 reviews
Immigration lawyers by top cities
See All Immigration Lawyers
EB1 Visa lawyers by city
See All EB1 Visa Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Get Proposals for E-1 Visa

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,023 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city