The EB-1 visa is the first preference employment-based immigrant visa category, leading to a Green Card (permanent residency) in the United States. It is reserved for foreign nationals who demonstrate extraordinary ability in the sciences, arts, education, business, or athletics (EB-1A); are outstanding professors or researchers (EB-1B); or are multinational executives or managers being transferred to the U.S. by their company (EB-1C).

There are three distinct subcategories within the EB-1 visa:

• EB-1A: Individuals with Extraordinary Ability: This category is for individuals who can demonstrate sustained national or international acclaim in their field. Importantly, no job offer is required for this category, and individuals can self-petition.
• EB-1B: Outstanding Professors and Researchers: This category is for internationally recognized outstanding professors and researchers with at least three years of experience in teaching or research. A job offer from a U.S. employer (such as a university or private employer with a research department) is required. The employer must sponsor the petition.
• EB-1C: Multinational Executives and Managers: This category is for executives and managers who have been employed for at least one of the preceding three years by a multinational company and are being transferred to a U.S. affiliate, subsidiary, or branch of the same company in a managerial or executive capacity. A S. employer must file the petition on their behalf.

"Extraordinary ability" under the EB-1A category signifies a level of expertise indicating that the individual is one of the small percentage who have risen to the very top of their field of endeavor. This must be demonstrated through sustained national or international acclaim and your achievements must be extensively documented. Evidence may include, but is not limited to, at least three of the following:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
• Membership in associations in the field which demand outstanding achievement of their members.
• Published material about the alien in professional or major trade publications or other major media.
• Evidence that the alien has judged the work of others, either individually or as a member of a panel.
• Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
• Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media.
• Evidence that the alien has performed in a leading or critical role for organizations or establishments with a distinguished reputation.
• Evidence that the alien has commanded a high salary or other significantly high remuneration for services in relation to others in the field.
• Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales.
• If the above types of evidence do not readily apply to the alien's occupation, comparable evidence to establish extraordinary ability. 

• EB-1A: No, a U.S. job offer or employer sponsor is not required. Individuals with extraordinary ability can self-petition for this category.
• EB-1B: Yes, a valid job offer from a U.S. employer is required. The employer must file the Form I-140 petition on your behalf. The position must be for a tenured or tenure-track teaching or research position at a university or institution of higher education, or for a comparable position with a private employer that has a research department.
• EB-1C: Yes, a U.S. employer is required to file the petition on your behalf. You must be transferring to a managerial or executive position within the same multinational company or its affiliate or subsidiary.

Applying under the EB-1 category offers several significant advantages:

• Faster Processing: EB-1 visas generally have shorter processing times compared to other employment-based Green Card categories due to their "first preference" status and typically have more available visa numbers annually.
• No PERM Labor Certification: Unlike many other employment-based Green Card categories, EB-1 applicants are not required to go through the lengthy and complex PERM labor certification process with the Department of Labor, which can save significant time and effort.
• Often Current Priority Dates: Priority dates for EB-1 categories are frequently "current" for many countries, meaning that once your I-140 petition is approved, you can immediately proceed with your application for Adjustment of Status (if in the U.S.) or immigrant visa processing (if outside the U.S.).
• EB-1A Self-Petitioning: The EB-1A category allows individuals with extraordinary ability to self-petition, providing more control over the immigration process.

The specific documentation required varies depending on the EB-1 subcategory, but generally includes:

• Evidence of Achievements: This is crucial and includes documentation demonstrating your extraordinary ability (for EB-1A), your international recognition as outstanding in your academic field (for EB-1B), or your qualifying managerial or executive experience and the company's multinational nature (for EB-1C). This can include awards, publications, memberships in prestigious organizations, media mentions, evidence of judging the work of others, significant contributions to your field, leading roles, high salary, and commercial successes.
• Detailed Personal Statement: Outlining your achievements and how you meet the specific criteria for the EB-1 category.
• Letters of Recommendation: From experts in your field who can attest to your extraordinary ability, outstanding reputation, or managerial/executive experience. For EB-1B, letters should specifically address your international recognition.
• Proof of Continued Work in Your Field: Evidence that you intend to continue working in your area of expertise in the U.S.
• For EB-1B: Evidence of at least three years of teaching or research experience and the employer's job offer.
• For EB-1C: Evidence of your employment with the multinational company for at least one of the preceding three years in a managerial or executive capacity and documentation about the qualifying relationship between the U.S. and foreign entities.

Yes, your spouse and unmarried children under the age of 21 are eligible to apply for Green Cards as derivative applicants once your EB-1 petition is approved. They can file Form I-485 (Application to Register Permanent Resident Status or Adjust Status) concurrently with your I-140 (if in the U.S. and a visa is immediately available) or follow to join you later through consular processing if they are outside the U.S. They will receive the same permanent resident benefits as you.

Yes, you can apply for an EB-1 Green Card while in the U.S. on a non-immigrant visa such as an O-1 or H-1B. The EB-1 category, like some other employment-based immigrant visa categories, is considered to have dual intent. This means that you can simultaneously maintain your non-immigrant status and pursue permanent residency without it negatively affecting your non-immigrant status or your Green Card application. The fact that you intend to immigrate in the future is not grounds for denial of your non-immigrant status or a visa extension. 

EB-1 processing times can vary depending on the USCIS service center and the specific subcategory. Generally:

• I-140 Petition (Immigrant Petition for Alien Worker): Standard processing can take approximately 6 to 12 months. Premium processing is often available for an additional fee, which guarantees USCIS will take action on your petition within 15 calendar days.
• Adjustment of Status (I-485) (if applying from within the U.S.): Once the I-140 is approved and a visa is available, the I-485 processing time can range from approximately 8 to 14 months or longer, depending on the USCIS field office and individual case factors. If applying through consular processing from outside the U.S., the timelines can also vary based on the National Visa Center and the U.S. embassy or consulate involved. 

Kansas Overseas claims to provide a range of services to assist with your EB-1 application, including:

• Profile assessment and category selection: Evaluating your background and achievements to determine the most suitable EB-1 subcategory for you.
• Preparation of petition documents and forms: Assisting in gathering, organizing, and preparing all the necessary documentation for your I-140 petition.
• Drafting of recommendation letters and personal statements: Providing guidance and support in drafting compelling letters of recommendation and your personal statement to highlight your qualifications.
• Filing of I-140 and guidance on I-485 adjustment: Managing the filing of your I-140 petition with USCIS and providing guidance on the I-485 Adjustment of Status application process if you are eligible to apply from within the U.S.
• Legal and interview support: Offering legal advice and helping you prepare for any interviews that may be required by USCIS.