EB1 Visa Holders: Can Spouses Work in the USA?

There are different eligibility criteria for each of the three EB1 sub-categories:

• EB-1A Extraordinary Ability:
• Must prove extraordinary ability in athletics, arts, business, education or science

• • Extraordinary ability in a particular field must have international or national recognition

• An offer of employment in the US is not required

• Evidence of at least three of the following 10 criteria must be provided:

• • Membership in organizations in the specific field that require members to have outstanding achievements
  • Original athletic, artistic, business-related, scholarly or scientific contributions to the field of major significance
  • Having received awards or prizes recognized internationally or nationally for excellence
  • Scholarly articles the applicant wrote that appear in trade or professional publications or other major media
  • Material published about the applicant in trade or professional publications or other major media
  • Having work displayed at showcases or artistic exhibits
  • Having been asked to judge, on a panel or individually, the work of others
  • Performing a critical or leading role in organizations that are distinguished
  • Having success commercially in the performing arts
  • Commanding high wages or other substantially high compensation compared with others in the same field
• EB-1B Outstanding Researchers and Professors:
• • Must prove recognition internationally for outstanding accomplishments in a specific academic field

• Requires a minimum of three years of experience in research or teaching in a specific academic field
• A qualifying job offer from an employer in the US is required
• The applicant must seek to move to the USA to pursue tenure while teaching or a comparable position in research
• Evidence of at least two of the following six criteria must be provided:

• • Membership in organizations in the field that require members to have outstanding achievements
  • Having received major awards or prizes for outstanding accomplishment
  • Original scholarly or scientific research contributions to the specific field
  • Material written by others in professional publications about the applicant’s work in the specific academic field
  • Writing scholarly books or articles (published in scholarly journals with global circulation) in the academic field
  • Having judged, individually or on a panel, the work of another person in the same or related academic field

• EB-1C Multinational Executives and Managers:
• A qualifying job offer from an employer in the US is required
• The petitioning employer in the US must plan to employ the applicant in an executive or managerial position 
• The applicant needs at least one year of work experience in the previous three years outside of the United States 
• The petitioning employer in the USA must have been conducting business for a minimum of one year and also needs to have an eligible relationship to the employer that the applicant worked for outside of the United States 

Please note that this is an overview of the eligibility criteria for the EB1 Immigrant Visa and Green Card, however, further details can be provided.