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• Summary

EB1-1 EB1-2 EB1-3

In addition to temporary worker visas, the CIS also grants work-related immigrant (Lawful Permanent Resident) visas. People often confuse "immigrant" with "nonimmigrant." Nonimmigrant means temporary status in the United States, while immigrant refers to individuals with lawful permanent resident status. The "greencard" is an I.D. card issued only to lawful permanent residents. It has not been green for years!

Aliens with documented extraordinary ability in a specific field may qualify for "priority worker" employment based preference (EB1-1) status. This category applies to aliens who have achieved international or national acclaim in their field and who have extraordinary ability (i.e., they have risen to the top of their field). An applicant must submit documentation of outstanding achievements in a specific field. The applicant does not need an offer of employment in the United States, but must demonstrate to the CIS that they will be coming to the United States to pursue goals in their field of expertise. To obtain an EB1-1 visa, a petition must be filed with the CIS. Upon approval, the applicant, his/her spouse and any children under 21 years of age may apply for immigrant visas through adjustment of status in the United States, or through consular processing at a U.S. Consulate outside the United States.

Outstanding researchers may also qualify for a different "priority worker" immigrant visa, the EB1-2. This visa classification is available to researchers who are recognized as being outstanding in specific academic or applied science fields. Applicants must have at least three years of teaching or research experience in the area for which they seek classification and must be entering the United States to perform full-time research or teach in the filed of expertise. Applicants also must submit specific documents to establish their international acclaim as outlined in the pertinent federal regulations.

Certain multinational managers and executives may apply for yet another "priority worker" immigrant visa, the EB1-3. This visa classification is available to individuals who have been employed with a company abroad in a managerial or executive capacity for at least one year within the last three years and seek to work for a related United States parent, subsidiary, or affiliate of an overseas employer in a managerial or executive capacity. Of course, it is important for Human Resource personnel to understand how "manager" is defined by the CIS.

The CIS defines "manager" as one who:
· Manages the organization or a department, subdivision, function or component of the organization;
· Supervises the work of other supervisory, professional or managerial employees or manages an essential function of the organization or a department of the organization; and
· Has the authority to hire and fire employees that are directly supervised by him/her or recommend those and other personnel actions.

If no employees are supervised, the individual must function at a senior level within the organization with respect to the function managed and exercise discretion over the day-to-day operations of the activity or function for which he or she is responsible.

The CIS defines an "executive" as one who directs the management of the organization or a major component or function of the organization. An executive also establishes the goals and policies of the organization, component or function, and possesses a wide range of decision-making power. An executive receives only general supervision from higher-level executives, the board of directors or stockholders of the company. In order to obtain the EB1-3 visa, a petition must be filed with the CIS. Upon approval, the applicant, his/her spouse and children under 21 years of age can apply for their immigrant visas through adjustment of status in the United States or consular processing at a U.S. Consulate abroad.

For more information concerning EB1 visas, please click here.