Understanding the Subcategories of EB-1 Classification

The EB-1 classification is an employment-based immigration category that offers a path to permanent residency. Generally, EB-1 applicants must submit extensive documentation to support their qualifications. In addition, applicants must undergo a background check and meet the admissibility requirements to demonstrate they can enter the United States. The critical point, however, is claiming the correct subcategory for your occupation, which requires a thorough understanding of the subcategories of EB-1 classification. In this article, we will break down the EB-1 classification’s subcategories. 

EB-1, and the subcategories

As a matter of law, the United States Citizenship and Immigration Services (USCIS) categorizes the EB-1 into three subcategories encompassing diverse fields and occupations. Each subcategory has its own set of requirements that must be analyzed in the relevant occupation.  

Detailed Breakdown for Understanding the Subcategories of EB-1 Classification

Subcategories

Qualified Individuals

Eligibility Requirements

EB-1A and Individuals with Extraordinary Ability
Individuals with extraordinary ability in the sciences, arts, education, business, or athletics may recieve EB-1A Status Classification.
  • Must demonstrate extraordinary ability by sustained national or international acclaim;
  • The applicant is coming to the United States to continue to work in their area of extraordinary ability; and
  • This category does not require an offer of employment in the U.S., allowing for self-petitioning.
EB-1B and Outstanding Professors and Researchers
Professors and researchers who are internationally recognized for their outstanding achievements in a particular academic field may recieve EB-1B Status Classificaiton.
  • A minimum of three years of teaching or research in the academic area is required;
  • An offer of employment is required for the EB-1B category; and
  • The employing institution must provide a tenured or tenure-track teaching or comparable research position.
EB-1C and Multinational Managers or Executives
Executives and managers transferred to the U.S. from a foreign affiliate, subsidiary, parent, or branch of their employer may receive EB-1C Status Classification.
  • The applicant must have been employed by a qualifying employer outside the U.S. for at least one year in the three years preceding the petition;
  • The employer has been in business in the United States for at least a year; and
  • The U.S. employer plans to employ the applicant in a managerial or executive role.

Seek Professional Advice

Nevertheless, it is strongly advised that those applying for EB-1 classification seek the counsel of a knowledgeable immigration attorney or expert. Indeed, a seasoned immigration attorney is well-equipped to thoroughly assess whether the specific criteria for the respective subcategory have been satisfactorily met. Furthermore, applicants stand to benefit significantly from professional guidance when preparing the comprehensive supporting documentation required to succeed in their application.

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