What are the qualifications and skills that an international worker must possess to be eligible for an EB-1 visa?

To be eligible for an EB-1 visa, which is a first preference employment-based visa for foreign workers, an international worker must possess exceptional ability in their field of expertise, outstanding achievement in their profession, or demonstrate that they are a multinational executive or manager.

For exceptional ability, the worker must have received national or international acclaim for their work in the sciences, arts, education, business, or athletics. The worker must provide evidence of at least three of the following:

• receipt of major prizes or awards
• membership in associations in the field which require outstanding achievements of their members
• material published about the worker in professional or major trade publications
• evidence of the worker's participation as a judge of the work of others in the field
• evidence of the worker's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• evidence of the worker's authorship of scholarly articles in the field
• display of the worker's work at artistic exhibitions or showcases
• evidence of the worker's commercial successes in the performing arts.

For outstanding achievement, the worker must have received national or international recognition for their work in the sciences, arts, education, business, or athletics. The worker must provide evidence of a one-time achievement such as a major award or recognition from a recognized authority in their field. Alternatively, the worker may provide evidence of at least three of the following:

• receipt of lesser nationally or internationally recognized prizes or awards for excellence
• membership in associations in the field which require outstanding achievements of their members
• published material about the worker in professional or major trade publications
• evidence of the worker's participation as a judge of the work of others in the field
• evidence of the worker's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• evidence of the worker's authorship of scholarly articles in the field
• display of the worker's work at artistic exhibitions or showcases
• evidence of the worker's commercial successes in the performing arts.

For multinational executives or managers, the worker must have been employed for at least one of the three preceding years by a firm or corporation or other legal entity or an affiliate or subsidiary in a managerial or executive capacity. The worker must be coming to the United States to work in a managerial or executive capacity for the same employer or a subsidiary or affiliate thereof.

Potential limitations or exceptions to this advice may include the need for a labor certification, which is a process through which the employer must demonstrate that there are no qualified U.S. workers available for the position for which the international worker is being hired. Additionally, there may be specific requirements for certain industries or fields, so it is important to consult with a licensed attorney for specific guidance.

In order to apply for an EB-1 visa, the international worker or their employer must submit a Form I-140, Immigrant Petition for Alien Worker, along with supporting evidence to United States Citizenship and Immigration Services (USCIS). It is recommended to consult with a licensed attorney to ensure that all requirements are met and the application is submitted accurately and efficiently.