EB-1A (Persons of Extraordinary Ability)

Aliens of extraordinary ability are defined as those who have extraordinary ability in sciences, arts, education, business or athletics, which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. A one-time achievement, such as a major, internationally recognized award like the Nobel or a comparable award would qualify the alien under this category. Alternatively, the alien can show that he or she meets at least three of the following evidential criteria:

1. Documentation of the alien's receipt of lesser nationally or internationally- recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business- related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;
8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

In addition, evidence that the alien will continue to work in the U.S. in his/her area of expertise needs to be provided. Such evidence can include letters from prospective employers, evidence of prearranged commitments such as contracts, or a statement from the alien detailing plans on how he or she intends to continue his or her work in the U.S.

Benefits of EB-1A
• No employer’s sponsorship required;
• No job offer needed;
• Immigrant visas are mostly available.

EB-1B (Outstanding Professors and Researchers)
An alien qualifies for EB-1B if he or she is a professor or researcher who is recognized internationally as outstanding in a specific academic area.

EB-1B requirements:
• International recognition as being outstanding in a specific academic field;
• At least three years of relevant research or teaching experience; and
• A job offer for a permanent research position or a tenured or tenure-track teaching position

1. International recognition as being outstanding in a specific academic field;To prove international recognition, an alien needs to show that he or she meets at least two of the following evidentiary criteria:
   a. Documentation of the alien’s receipt of major prizes or awards for outstanding achievement in the academic field;
   b. Documentation of the alien's membership in associations in the academic field which require outstanding achievements of their members;
   c. Published material in professional publications written by others about the alien's work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation;
   d. Evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
   e. Evidence of the alien's original scientific or scholarly research contributions to the academic field; or
   f. Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.
   
   
   
2. Three years of relevant research or teaching experienceResearch or teaching experience obtained while in pursuit of an advanced degree, such as a Ph.D., can be counted toward the three year requirement, but only if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding.
   
   
   
3. A job offer for a permanent research position or a tenured or tenure-track teaching positionUniversities or institutions of higher education and private companies can sponsor EB-1B petition. If the petitioner is a private company, it needs to show that it employs at least three employees in full-time research positions and has documented accomplishments in its field.
   Permanent job offer is defined as either tenured, tenure-track, or for an indefinite or unlimited duration, in which the employee will ordinarily have an expectation of continued employment unless there is good cause of termination.