Practice Areas

Employment-Based Immigration (EB-1)

Employment-Based Immigration (EB-1) is one of the employment-based immigration categories, an immigration program that provides individuals with extraordinary ability in a particular field with an opportunity to obtain U.S. permanent residence.

CONTENTS

1. Employment-Based Immigration (EB-1) | Priority Worker Immigrant Visa
2. Employment-Based Immigration (EB-1) | Criteria for Extraordinary Ability
- - Extraordinary Ability (EB-1A)
- - Outstanding Professors and Researchers (EB-1B)
- - Multinational Managers and Executives (EB-1C)
3. Employment-Based Immigration (EB-1) | Strategy for Proving Extraordinary Ability
4. Employment-Based Immigration (EB-1) | Common Procedures After the Petition
- - Attorney's Preliminary Advice on Promising Routes

1. Employment-Based Immigration (EB-1) | Priority Worker Immigrant Visa

Employment-Based Immigration (EB-1) is a first-preference visa for priority workers.

The U.S. immigration system issues approximately 140,000 employment-based immigrant visas each fiscal year (October 1 to September 30 of the following year).

Among these, Employment-Based Immigration (EB‑1, Employment‑Based First Preference) is a special immigrant visa granted the highest priority.

Among Korean applicants, distinguished professionals in fields such as academia and research, executives of global corporations, and sports and the arts mainly obtain permanent residence through EB‑1A and EB‑1B.

EB‑1 does not require separate labor certification (PERM), and accompaniment by family members is straightforward.

It also has the advantage of a relatively quick review process and a high likelihood of permanent residence approval.

Employment-Based Immigration (EB-1) | Criteria for extraordinary ability

How to check non-immigrant visa first? Take a look at specialty visas

2. Employment-Based Immigration (EB-1) | Criteria for Extraordinary Ability

EB‑1 is divided into three subcategories: persons of extraordinary ability (Extraordinary Ability, EB‑1A), outstanding professors and researchers (Outstanding Professors & Researchers, EB‑1B), and multinational managers and executives (Multinational Managers & Executives, EB‑1C).

Extraordinary Ability (EB-1A)

This category requires proof of sustained national or international acclaim in the sciences, arts, education, business, or athletics, and at least 3 of the 10 criteria listed below must be met.

In particular, evidence of receiving an internationally recognized award such as a Pulitzer Prize, an Oscar, or an Olympic medal is required.

Because the applicant possesses extraordinary ability, no job offer from another sponsor or labor certification is required, but it must be proven that the applicant will continue to work in the relevant field.

[Criteria for Extraordinary Ability]

Evidence of receipt of nationally or internationally recognized prizes or awards
Evidence of membership in associations that require outstanding achievement for membership
Evidence of published material about the applicant in major trade publications or media
Evidence of having been asked to evaluate the work of others
Evidence of original scientific, scholarly, artistic, athletic, or business contributions of major significance to the field
Evidence of scholarly articles authored in major trade publications or media
Evidence that the applicant's work has been displayed at artistic exhibitions or showcases
Evidence of performing a leading or critical role for a distinguished organization
Evidence of commanding a high salary or substantial remuneration
Evidence of commercial success in the performing arts

Outstanding Professors and Researchers (EB-1B)

Employment-Based Immigration (EB-1) professors and researchers

Professors and researchers who have received international recognition for outstanding achievement in a particular academic field also qualify for Employment-Based Immigration (EB-1).

The petitioner must provide proof of an offer of full-time, professorial, or permanent research employment, and the beneficiary must likewise prove at least 3 years of teaching and research experience.

To prove this, evidence meeting at least two of the 6 criteria below must be included.

Major prizes or awards conferred on persons who have achieved outstanding accomplishments in the academic field
Membership in academic associations or organizations in the field that require outstanding achievements of their members
Material written by others about the applicant's research achievements or activities and published in professional publications
Experience evaluating the research of others in the same or a related academic field
Evidence of having made original scientific or scholarly research contributions to the field
Proof of authorship of scholarly books or of articles in internationally circulated journals in the field

Multinational Managers and Executives (EB-1C)

A multinational corporation manager or executive who has worked for at least 1 of the past 3 years at an overseas affiliate, parent company, subsidiary, or branch of a U.S. employer that has operated a business in the United States for at least 1 year also qualifies for Employment-Based Immigration (EB-1).

In the above case, labor certification is not required, but a job offer is mandatory.

The employer must prove the ability to pay the beneficiary's wages through annual reports, tax returns, audited financial statements, and the like.

3. Employment-Based Immigration (EB-1) | Strategy for Proving Extraordinary Ability

Item	Details
EB-1A Proof Strategy	- No labor certification or employer required, so the process proceeds quickly - Risk of denial if even one of the criteria is not met - Consultation with an attorney before deciding whether to file is required > Proof for each criterion: awards, certificates, articles, invitations to serve as a judge > Attaching multiple letters of recommendation from experts > Professional statement in English: emphasizing the significance of achievements, the degree of contribution, and international impact > A summary of the criteria met and an explanation of the supporting evidence in the I‑140 petition
EB-1B Proof Strategy	- A balanced review structure for professors and researchers - Lower required criteria than EB‑1A - The employer's intent to hire and support system are central to approval - Labor certification exempt, faster and more stable than EB‑2 NIW > Letters of recommendation and proof of experience submitted together with the employer's I‑140 > Preparing objective materials such as academic papers, publications, awarded research funding, invited speaking engagements, and a history of serving as a reviewer > Proof of the employer's ability to pay wages: financial statements, tax returns, budgets, and similar documents
EB-1C Proof Strategy	- Exclusively for managers/executives of multinational corporations - Proof of the relationship and roles between the U.S. entity and the overseas entity is required - Proof of tenure, organizational structure, and continuity of employment is important > Overseas work experience: certificate of employment, pay statements, specifying position and role > Proof of the U.S.-overseas entity relationship: organizational chart, explanation of the corporate relationship > U.S. job offer letter: specifying position, role, employment period, and wage level > Employer financial materials: proof of business continuity and ability to pay for employment

Would you like to know more about the athlete visa/entertainer visa (P)?

4. Employment-Based Immigration (EB-1) | Common Procedures After the Petition

Form I-140 for applying for Employment-Based Immigration (EB-1)

For Employment-Based Immigration (EB-1), the immigration process can begin after the Immigrant Petition for Alien Worker (I-140) is filed.

In the case of Employment-Based Immigration (EB-1), all categories are exempt from labor certification, so the process is relatively simple, and in particular, an EB-1A applicant may file the petition on their own behalf.

Afterward, once U.S. Citizenship and Immigration Services approves the petition, it is forwarded to the National Visa Center (NVC), and the process proceeds with submission of visa documents, followed by an interview, a medical examination and vaccinations, and visa issuance.

In addition, a spouse and children under 21 may immigrate as accompanying family members with E‑14 or E‑15 status.

[Points to Note After Filing the Immigration Application]

Passport valid for at least 6 months
Medical examination at a hospital designated by the embassy (Gangnam Severance Hospital, Sinchon Yonsei Severance Hospital, Yeouido St. Mary's Hospital, Busan Haeundae Paik Hospital)
Vaccinations for hepatitis A, hepatitis B, influenza, measles, and the like
Do not open the sealed envelope of the passport in which the visa was issued

Attorney's Preliminary Advice on Promising Routes

The need for attorney assistance with Employment-Based Immigration (EB-1)

EB‑1 is the route with the highest social and legal standing among U.S. employment-based immigration categories.

Because it offers many advantages, such as exemption from labor certification, a fast approval timeline, and the ability to bring family members, it requires meeting strict standards of excellence.

For Korean applicants in fields such as academia, research, corporate management, and the arts and sports, EB‑1A, B, and C are all promising routes worth considering.

Please establish a sound strategy for Employment-Based Immigration (EB‑1) approval together with an immigration attorney.

Carefully analyzing one's achievements and career and selecting the most advantageous subcategory
Organizing sufficient and objective supporting evidence (letters of recommendation, financial documents, records of achievements, proof of organizational relationships, and the like)
Composing the wording of the I‑140 petition (the logic for meeting the criteria, emphasizing sustainability and growth potential)
Establishing a strategy and preparing in advance with the assistance of a legal professional