How to get a U.S. permanent residency through the employment-based route

The employment-based (EB-1) visa is a step toward getting permanent residency (PR) in the United States if well planned out.

Applicants for this category must demonstrate exceptional talent in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

Based on the 2023 Yearbook of the Office of Homeland Statistics, as of 2023, 2,960 Nigerians indeed obtained PR through employment-based routes, out of 15,790 Nigerians who got their PR via other routes.

The visa has been a key route for skilled professionals seeking employment-based immigration to the United States.

Noncitizens may qualify for an EB-1 visa under three distinct categories: extraordinary ability, outstanding professors or researchers, and certain multinational executives or managers. Each category has specific requirements that applicants must meet. The focus of the article is on the one for exceptional talent, also known as the EB-1A visa.

Applicants must meet at least three of the ten criteria outlined below or provide evidence of a one-time achievement such as a Pulitzer, Oscar, or Olympic Medal, alongside proof of continued work in their area of expertise. No offer of employment or labour certification is necessary.

According to Arjun Lalwani, a Product Manager at Google,

“Achieving permanent residency in the United States via the EB-1A visa involves a strategic and well-planned approach. Over two years, I navigated this process by leveraging a wealth of resources and advice from numerous mentors. Here’s a summary of my journey and the crucial tips I discovered.

“My path to success started in November 2022, when I embarked on this journey with a rigorous self-assessment and the help of an experienced lawyer. By meeting five of the ten required U.S. Citizenship and Immigration Services (USCIS) criteria, my application was approved in June 2024 without any Requests for Evidence (RFEs).”

“According to him, conduct a rigorous self-assessment, criteria rating, gather compelling evidence, prepare thorough documentation, have an early professional consultation, select the right lawyer, build a robust network, and highlight unique contributions”.

Criteria for demonstrating extraordinary ability

The U.S Citizenship and Immigration Service, to prove sustained national or international acclaim and recognition in your field, you must either present evidence of a one-time major award or meet at least three of the ten criteria below (or provide comparable evidence if any criteria do not apply):

1. Receipt of lesser nationally or internationally recognised prizes or awards for excellence.
2. Membership in associations requiring outstanding achievements of their members.
3. Published material about you in professional or major trade publications or other significant media.
4. Invitations to judge the work of others, either individually or as part of a panel.
5. Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
6. Authorship of scholarly articles in professional or major trade publications or other significant media.
7. Display your work at artistic exhibitions or showcases.
8. Performance in a leading or critical role in distinguished organisations.
9. High salary or other significantly high remuneration about others in your field.
10. Commercial success in the performing arts.

Documentary evidence for outstanding professors or researchers

To demonstrate you are an outstanding professor or researcher, include evidence of two of the six criteria below (or provide comparable evidence if any criteria do not apply):

1. Receipt of major prizes or awards for outstanding achievement.
2. Membership in associations requiring outstanding achievements of their members.
3. Published material in professional publications by others about your work in the academic field.
4. Participation as a judge, either on a panel or individually, of the work of others in the same or allied academic field.
5. Original scientific or scholarly research contributions in the field.
6. Authorship of scholarly books or articles in internationally circulated scholarly journals.
7. To apply for this category, applicants are to file Form I-140, Petition for Alien Worker.

EB-1 visa under Trump’s administration

With President Trump’s strict stance on immigration, Poonam Gupta, an Immigration Attorney admits this may be the case henceforth.

“These special category talent visas already require a higher bar, and I anticipate they will face an even higher bar with stricter and narrower interpretation of the requirements.

“In the EB1 category, we have been seeing consistently that they may say, “Okay, you have these criteria, but you do not meet the final merits determination.” Under the final merits, they may kill an application, which they’ve been doing over the past on multiple occasions. I anticipate there will be many more final merits denials than before”, she says.

She further advised you to protect your application in case there is a policy change.

“For example, if you’re getting recommendation letters, the recommenders should be able to talk about your specific contributions and assess their validity. Stay informed and connected to government policy changes. For instance, USCIS recently made a sudden change requiring medical exams for adjustment of status applications without prior notice. This is a glimpse of what we might expect in 2025”, Gupta said.