EMPLOYMENT EB1 priority immigrant Category

—  Self-Petitioning is Allowed

—  A Job Offer is Not Required

—  Labor Certification Not Required

—  Can concurrently file with an Application to Adjust Status

—  Usually eligible for premium processing (not available during Covid-19)

—  Gives legal permanent residency to yourself, your spouse, and your unmarried children under 21

Applicants in this category  must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise.  You must show that you have extraordinary ability in your field and that you will continue to work in this field.  The expertise must be in the sciences, arts, business, athletics, education, motion picture industry, or television industry. 

Applicants do not have to have a specific job offer but must provide evidence they are entering the U.S. to continue work in the field in which they have extraordinary ability.   Applicants can directly file their own petition with the CIS, rather than through an employer.

• Petition Standard Processing:   Average processing time of 5.5 to 6.5 months
• Petition Premium Processing:  15 calendar days (an additional $1225 fee)
• Adjustment of Status Processing:  Average processing time of 6 to 8 months 

 —   Labor Certification Not Required

—   The prospective employer must provide a job offer and file a petition.  

—    Self-petitioning is not allowed. 

—   Can concurrently file with an Application to Adjust Status 

—   Usually eligible for premium processing (not available during Covid-19) 

—   Gives legal permanent residency to yourself, your spouse, and your unmarried children under 21 

Professors and researchers who are recognized internationally and have at least three years experience in teaching or research.  You must show that you will be working in the academic field of your expertise for a US university or institute of higher education or as a researcher for a private employer.  

This is an easier standard than the EB1A; however, it is only available to professors and researchers. 

• Petition Standard Processing:   Average processing time of 5.5 to 6.5 months
• Petition Premium Processing:  15 calendar days
• Adjustment of Status Processing:  Average processing time of 6 to 8 months 

—   Labor Certification Not Required 

—   Employer petitions and provides job offer

—   Self-petitioning is not allowed

—   Can concurrently file with an Application to Adjust Status 

—   There must be a qualifying relationship between the U.S. employer and the foreign company that has employed the beneficiary of the U.S. employer's petition.  The EB1C visa allows a foreign company to transfer a manager or executive to a related US company.  The overseas company must be an *affiliate, parent, subsidiary, or branch of the U.S. employer.  The U.S. company must have been doing business for at least 1 year at the time the application for the EB1C visa is filed.  

—   The applicant must be coming to work in a managerial or executive capacity.  

—   Also, the applicant must have been employed as a manager or executive capacity for the overseas company and have worked at least one of the three preceding years by the overseas company.  Pending the green card application process, the applicant must maintain your business operations in his or her home country.    

Note:  The EB1C visa is very similar to the L1A visa, as both classifications require that the foreign worker come to the United States to work as a manager or executive. The definitions for manager and executive are essentially the same for the EB1C visa as they are for the L1A visa. However, the EB1C is evaluated more strictly. There are 4 types of Parent/Subsidiary relationships:

1. One of the companies owns more than half of the other company and controls the company
2. One of the companies own half of the other company and controls the company
3. One of the companies owns 50% of a 50-50 joint venture and has equal control and veto power of the joint venture
4. One of the companies owns less than half of the other company but has control over the company

Branch Office:  

• A branch office is the same company as the foreign company but operating in a different location
• The branch office must be a US corporation and cannot be a foreign entity. This is different from the definition of branch office for an L1 visa, which requires the US office to be a foreign corporation operating in the US.

Affiliate companies.   Companies are affiliates of each other if:

• They are subsidiary companies that are owned and controlled by the same parent company or individual, or
• They are owned and controlled by the same group of people, who each own and control the same proportion of each company.
• Certain international accounting companies are also considered affiliates.

Final Notes of Qualifying Relationships

• The qualifying relationship must be in existence at the time the EB1C visa petition is filed. The relationship should ideally continue to exist until the beneficiary gets their EB1C visa.
• The US company (petitioner) cannot be a sole proprietorship.
• The petitioner cannot be a foreign company.

Processing Time:

• Texas Service Center Standard Petition Processing:   Average processing time of 7.5to 9.5 months
• Nebraska Service Center Standard Petition Processing:  12.5 - 16 months
• Premium Processing:  Not Currently Available 
• General Adjustment of Status Processing:  Average processing time of 6 to 8 months 

— Labor Certification Not Required

Schedule A lists  occupations for which the U.S. Department of Labor has determined there is an insufficient number of U.S. workers who are able, willing, qualified and available.  If your occupation is included on Schedule A, it is already established that the employment of foreign workers in such occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed.  Therefore, 'Schedule A' foreign workers can obtain a green card without first having to go through the entire labor certification process.