U.S. Law Center

How do I qualify for an EB-1 permanent worker visa?

If you are immigrating to California from another country because of your job, you may be eligible to obtain status as a permanent worker. There are several different categories of permanent workers. The EB-1 category is considered a first-preference visa and is reserved for those workers with “extraordinary abilities.”

According to U.S. Citizenship and Immigration Services, there are three different ways that you may meet the criteria for an EB-1 visa. The first is if you are an outstanding researcher or professor. This means that you are trying to obtain tenure at a university in the United States and are considered at the top of the field in your academic specialty. You must already have received a job offer from an American employer in order to obtain an EB-1 visa for this reason and you will be required to submit documentation supporting your qualifications, including proof that you have been engaged in such work for a minimum of three years.

The second way to qualify is if you can prove that you have achieved something remarkable in your chosen field. For example, you could be an athlete who won an Olympic medal or a scientist who won a Nobel prize. However, even if you have not received a high-profile award for your work, you may still qualify if you can provide evidence of your stature.

Finally, EB-1 permanent worker visas are available for those who are high-level business executives or managers. Your employer must be affiliated with the company you worked for outside of the United States and needs to submit a petition on your behalf. In addition, you must have been employed by that company as an executive or manager for at least one of the three years prior to submitting the petition. This is provided as general information on this topic only and is not intended to be legal advice.

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