Many people who stand to benefit from the EB-1 preference category often find it difficult to understand. This is understandable, as the EB-1 category, which seems like a single category, actually is made up of three distinct sub-categories. Here, we aim to clarify the EB-1 category by explaining its three sub-categories.

EB-1A: Individuals of Extraordinary Ability

The EB-1A sub-category is for people who have demonstrated extraordinary ability in their field. This category has several notable characteristics:

• No Sponsoring Employer Required: Unlike many other employment-based visas, an individual applying under the EB-1A category does not need a sponsoring employer. The applicant can self-petition.
• Field of Expertise: The applicant must intend to continue working in their area of expertise in the United States. This can include fields such as the sciences, arts, education, business, or athletics.
• Evidence of Extraordinary Ability: To prove extraordinary ability, the applicant must either provide evidence of a one-time achievement, such as receiving a major, internationally recognized award (e.g., Nobel Prize), or meet at least three of the following ten criteria:
  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
  • Membership in associations that require outstanding achievements of their members, as judged by recognized experts.
  • Published material about the applicant in professional or major trade publications or other major media.
  • Participation as a judge of the work of others in the same or an allied field.
  • Original contributions of major significance in their field.
  • Authorship of scholarly articles in professional or major trade publications or other major media.
  • Display of work at artistic exhibitions or showcases.
  • Leading or critical role for organizations or establishments with a distinguished reputation.
  • High salary or other significantly high remuneration compared to others in the field.
  • Commercial successes in the performing arts, as evidenced by box office receipts or sales​.

EB-1B: Outstanding Researchers or Professors

The EB-1B sub-category is designated for outstanding researchers and professors. Key characteristics include:

• Sponsoring Employer Required: Unlike the EB-1A category, a foreign worker applying under the EB-1B category must have a job offer from a U.S. employer.
• Position in the U.S.: The applicant must be coming to the United States to take up a tenured or tenure-track teaching position or a comparable research position at a university or institution of higher education.
• Recognition and Experience: The applicant must be internationally recognized as outstanding in their academic field. They must meet at least two of the criteria specified in the regulations, such as having published material in professional publications, being a judge of the work of others, or making original scientific or scholarly contributions. Additionally, the applicant must have at least three years of experience in teaching or research in their field​.

EB-1C: Multinational Executives or Managers

The EB-1C sub-category is for multinational executives and managers. Its main features are the following:

• Sponsoring Employer Required: Similar to the EB-1B category, a foreign worker applying under the EB-1C category must have a sponsoring U.S. employer.
• Position in the U.S.: The applicant must be entering the United States to continue working in an executive or managerial capacity.
• Prior Employment: The applicant must have been employed outside the United States in an executive or managerial position for at least one of the three years preceding the application. This employment must have been with the same employer, an affiliate, or a subsidiary of the U.S. employer sponsoring the petition​.

Conclusion

Understanding the three sub-categories of the EB-1 preference category is crucial for people navigating the U.S. immigration process. Each sub-category has specific requirements and characteristics, making it essential to identify the right category based on one’s qualifications and career goals.