The EB-1 visa is a United States visa created by the Immigration Act of 1990

Immigration Act of 1990

The Immigration Act of 1990 increased the number of legal immigrants allowed into the United States each year. It also created a lottery program that randomly assigned a number of visas. This was done to help immigrants from countries where the United States did not often grant visas...

. This visa provides a method of obtaining permanent residency for "priority workers". Those are foreign nationals who either have "extraordinary abilities", or are "outstanding professors or researchers", and also includes "some executives and managers of foreign companies who are transferred to the US". It allows them to remain in the US to perform research or business, or become part of athletic teams.

Aliens who can apply

The visa is granted to three types of aliens

Alien (law)

In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...

:

• those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." See also http://www.csmonitor.com/1996/1021/102196.feat.arts.1.html

• "Outstanding professors and researchers" who "are recognized internationally for their outstanding academic achievements in a particular field". They must also have "at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education" plus other conditions.

• "Some executives and managers of foreign companies who are transferred to the U.S." They need to have been employed, during the last three years, for at least one year outside of the US in a managerial position in the same company that is going to employ them in the US or in one of its subsidiaries. Plus other conditions.

Application

EB-1 applicants, unlike EB-2 and EB-3 applicants, don't have to complete the "labor certification

Labor certification

Labor certification is a United States of America immigration concept. There are several options available to US employers who wish to hire foreign, non-immigrant workers on a temporary but long-term basis: H-1B visas, L-1 visas, TN status and other options. These temporary options are often...

" process, and they can get temporary work card and travel documents while the application is pending.

Aliens with extraordinary ability don't have to demonstrate that they have an employer in the US; they only have to demonstrate that they will keep working in the field in which they have the extraordinary abilities. Aliens that are management executives or outstanding professors or researchers will have to demonstrate that they will have an employer in the US.

The visa application has two parts, the I-140 petition and a background check.

• the I-140 application seeks to prove that applying alien has extraordinary abilities. It usually has four parts:

1. information about alien's field of endeavor
2. background information about alien
3. evidence of extraordinary ability
4. evidence that the alien will continue to work in the field of endeavor

• the background check searches for immigration or criminal law violations that would make them ineligible for the visa.