Morrow, GA Immigration Law Firms & Lawyers

For eligibility in the EB1 category, the employer itself, the actual job and the employee him/herself must meet qualifications, and your question does not provide enough information to supply a full legal analysis about eligibility. There really is no substitute for you and a representative of your employer(s) to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

The criminal offenses will probably not be a barrier to his admissability for a variety of reasons, but his unlawful presence in the US, assuming it was for 1 year or more, bars him from returning for 10 years.  He can apply for a waiver of that bar if he can prove extreme hardship to a US citizen spouse (you?) or child.

You have a complex situation. There maybe a chance but first of all, we need to have more information about the criminal conviction. If the criminal conviction is not a felony, the process would be a bit easier. However, if the conviction is felony, you may need to hire a lawyer to reopen your case to set aside or vacate the conviction before you file any immigrant petition. You still need to file a waiver.