United States EB-1 priority worker

EB-1 has three sub-categories: extraordinary ability, outstanding professors and researchers, and certain multinational managers or executives. What each requires, and whether an employer is needed at all, differs completely.

uscis.gov/employment-based-immigration-first-preference-eb-1

Extraordinary ability: you must demonstrate extraordinary ability in the sciences, arts, education, business or athletics through sustained national or international acclaim.

uscis.gov/employment-based-immigration-first-preference-eb-1

On the extraordinary ability route you must meet at least three of the ten criteria, or provide evidence of a one-time achievement such as a Pulitzer, Oscar or Olympic Medal together with evidence that you will continue working in your area of expertise. It is a counting threshold.

uscis.gov/employment-based-immigration-first-preference-eb-1

The extraordinary ability route requires no offer of employment and no labor certification. It is the one EB-1 route that needs no employer at all.

uscis.gov/employment-based-immigration-first-preference-eb-1

The ten criteria are: lesser nationally or internationally recognised prizes; membership of associations requiring outstanding achievement; published material about you in professional or major trade publications or major media; having been asked to judge others' work individually or on a panel; original contributions of major significance to the field; authorship of scholarly articles; work displayed at artistic exhibitions or showcases; a leading or critical role in distinguished organisations; a high salary or significantly high remuneration relative to others in the field; and commercial successes in the performing arts.

uscis.gov/employment-based-immigration-first-preference-eb-1

Outstanding professors and researchers: international recognition for outstanding achievements in a particular academic field, at least three years of teaching or research experience in it, and entry to pursue tenure, tenure-track teaching or a comparable research position. At least two of six criteria must be met, and an offer of employment from the prospective US employer is required.

uscis.gov/employment-based-immigration-first-preference-eb-1

Where the employer on the outstanding professor or researcher route is private, it must show documented accomplishments and that it employs at least three full-time researchers.

uscis.gov/employment-based-immigration-first-preference-eb-1

Multinational manager or executive: you must have been employed outside the United States for at least one year in the three years preceding the petition, or preceding your most recent lawful nonimmigrant admission if already working for the US petitioner. The US petitioner must have been doing business for at least one year, have a qualifying relationship to the entity that employed you abroad, and intend to employ you in a managerial or executive capacity.

uscis.gov/employment-based-immigration-first-preference-eb-1

None of the three sub-categories requires a labor certification.

uscis.gov/employment-based-immigration-first-preference-eb-1