EB-1 Extraordinary Ability

If you’re a leading professional in science, arts, business, athletics, or education seeking a direct path to U.S. permanent residency, the EB-1 Extraordinary Ability green card may be your best option. At Ochoa, PLLC in Houston, Texas, we specialize in helping accomplished individuals from across the United States and internationally secure EB-1A status without employer sponsorship. Attorney Ochoa provides strategic legal counsel for the EB-1 Extraordinary Ability visa, guiding clients through the complex evidentiary requirements to maximize approval chances.

Introduction: Legal Residency for the Exceptionally Accomplished

The EB-1 visa category—formally known as the Employment-Based First Preference Immigrant Visa—is reserved for individuals who stand at the top of their respective fields. It is one of the few immigrant visa pathways in U.S. immigration law that provides a direct route to lawful permanent residency without requiring a labor certification through the Department of Labor.

The EB-1 category is distinguished by its recognition of exceptional professional achievement, particularly in disciplines that advance national interest, academic excellence, innovation, and global leadership. For individuals who have earned sustained acclaim and demonstrated impact in fields such as the sciences, arts, education, business, or athletics, the EB-1A “Extraordinary Ability” subcategory may allow for self-petition and independent sponsorship—an option rarely available in employment-based immigration.

At OCHOA PLLC, we provide legal representation across all three EB-1 subcategories, with a focus on strategic petition planning, evidentiary curation, and legal narrative construction to meet the high standards set by the United States Citizenship and Immigration Services (USCIS).

Overview of the EB-1 Visa Categories

The EB-1 classification comprises three distinct subcategories, each tailored to a specific professional profile:

• EB-1A – Extraordinary Ability: Designed for individuals who have reached a level of expertise indicating they are among the small percentage at the very top of their field, either nationally or internationally. No U.S. employer or job offer is required.
• EB-1B – Outstanding Professors and Researchers: Intended for internationally recognized academics who have a minimum of three years of experience in teaching or research and a qualifying permanent job offer in the United States.
• EB-1C – Multinational Managers and Executives: Reserved for high-level employees of multinational corporations being transferred to a U.S. affiliate in a managerial or executive capacity.

Each subcategory carries its own evidentiary requirements and procedural nuances. Our legal team assesses which path best aligns with the applicant’s qualifications, and we craft petition strategies accordingly.

EB-1A: Extraordinary Ability

Eligibility Criteria

The EB-1A subcategory is reserved for individuals who have demonstrated sustained national or international acclaim in one or more qualifying fields, including the sciences, arts, education, business, or athletics. Notably, this subcategory does not require a U.S. job offer or employer sponsor. Applicants may self-petition by filing Form I-140 independently.

To qualify, USCIS requires evidence that the applicant:

1. Has achieved extraordinary ability, either through a one-time, major internationally recognized award (e.g., a Nobel Prize) or by satisfying at least three of the ten criteria set forth in 8 C.F.R. § 204.5(h)(3).

2. Intends to continue working in the area of extraordinary ability in the United States.

3. Will substantially benefit the United States through their continued work. 

Examples of Acceptable Evidence

USCIS requires that evidence submitted meet high standards of quality, relevance, and credibility. Examples include—but are not limited to—national or international prizes, membership in exclusive associations, significant published material about the applicant’s work, original contributions to the field, authorship of scholarly articles, high salary relative to peers, peer review activity, exhibition of work, leadership roles in distinguished organizations, and commercial success in the performing arts.

Each piece of evidence must be carefully documented and ideally supported by expert opinion letters. Our role as legal counsel is to ensure that submitted evidence not only exists but is framed to meet both the regulatory and discretionary review standards applied by USCIS adjudicators.

EB-1B: Outstanding Professors and Researchers

Eligibility Criteria

This subcategory is intended for individuals who have attained international recognition in a specific academic discipline and have accumulated at least three years of experience in teaching or research within that field. A permanent job offer from a qualifying U.S. academic or research institution is required.

Qualifying U.S. employers include:

• Accredited universities or institutions of higher education offering tenure-track or comparable permanent research positions.

• Private research organizations that employ at least three full-time researchers and have demonstrated significant research accomplishments.

Applicants must demonstrate at least two of the six USCIS-designated criteria, including—but not limited to—receipt of major prizes, association memberships requiring outstanding achievement, scholarly publications, original scientific contributions, and participation in peer review or judging.

Expert letters from unaffiliated authorities in the field are a central component of these petitions and must present a compelling and detailed evaluation of the applicant’s recognition, contributions, and standing in the field. 

EB-1C: Multinational Executives and Managers

Eligibility Criteria

The EB-1C classification facilitates the transfer of executive and managerial personnel from foreign offices to affiliated entities in the United States. Though often associated with large global corporations, the category is also available to emerging enterprises with a documented corporate structure and operational history.

To qualify, the applicant must have:

• Been employed outside the U.S. for at least one of the three years immediately preceding the petition in a managerial or executive capacity, and

• Intend to enter the U.S. to continue working in a managerial or executive role with the same employer or a qualifying affiliate, branch, or subsidiary.

The U.S. petitioning entity must establish a qualifying relationship with the foreign company, demonstrate active business operations, and show that the applicant’s role will be managerial or executive in substance—not in title alone.

Supporting evidence often includes job descriptions, organizational charts, corporate ownership documents, payroll and financial records, and internal operational materials. Due to the complexity of this category, proactive legal structuring and documentation are essential, particularly given USCIS’s high rate of Requests for Evidence (RFEs) in this area. 

Forms and Procedural Framework

Primary Forms Required

• Form I-140 – Immigrant Petition for Alien Worker: Required for all EB-1 subcategories. EB-1A petitions may be self-filed, while EB-1B and EB-1C petitions must be submitted by the U.S. employer.
• Form ETA-9089 – Labor Certification: Not required for EB-1 petitions, providing a significant procedural advantage over EB-2 and EB-3 categories.
• Form I-485 – Adjustment of Status (if filed from within the U.S.): May be submitted concurrently with the I-140, provided the priority date is current.

Supporting Documentation

All petitions must be organized with detailed legal briefs, evidence indexes, and clearly tabbed exhibits. Depending on the subcategory, supporting documentation may include:

• Published articles, media features, or industry reviews

• Academic transcripts, diplomas, and professional credentials

• Employment contracts or academic appointments

• Proof of research funding, grants, or patents

• Business formation documents, organizational charts, and financials

• Expert opinion letters from distinguished third parties

The manner in which the evidence is framed and presented often determines the outcome of the petition, especially in self-petitioned cases or petitions based on discretionary standards. 

Legal Strategy and Adjudication Trends

USCIS maintains a rigorous standard for EB-1 petitions. In recent years, there has been a notable increase in RFEs and denials, particularly for EB-1A petitions where evidentiary narrative is either incomplete or lacks cohesion.

Successful EB-1 filings are distinguished not just by the presence of qualifying documents, but by the strength of the legal framework tying those documents to statutory language, policy guidance, and precedential case law. Legal strategies must anticipate discretionary review, preempt common grounds for denial, and, where necessary, reference interpretive decisions such as Kazarian v. USCIS to contextualize the strength of the petition.

At OCHOA PLLC, we construct each petition with full awareness of the current adjudicatory environment, tailoring every submission to the applicant’s professional background and legal posture.

Conclusion

The EB-1 immigrant visa offers a direct, highly selective path to permanent residency in the United States for professionals at the top of their fields. While the evidentiary standards are high and adjudication trends continue to evolve, those who meet the threshold may obtain lawful permanent residence without employer sponsorship or labor certification.

OCHOA PLLC provides legal representation rooted in clarity, strategic insight, and deep respect for the unique achievements of each client. We approach each EB-1 case with the rigor it deserves—combining precise documentation, substantive legal arguments, and comprehensive preparation to present the strongest possible petition.