Employment-Based Immigration: very First Preference EB-1
You might be eligible for an employment-based, first-preference visa if you are an alien of amazing capability, are an exceptional professor or researcher, or are a certain international executive or supervisor. Each occupational classification has specific requirements that need to be fulfilled:
Your petitioning employer needs to be a U.S. company and employment intend to utilize you in a managerial or executive capacity. The petitioner must have been doing service in the U.S. for a minimum of 1 year, employment as a legal entity with a qualifying relationship to the entity that employed you abroad in a supervisory or executive capacity.
No labor accreditation is needed.
* Criteria for Demonstrating Extraordinary Ability
In order to show you have actually sustained national or worldwide praise which your achievements have been acknowledged in your field of know-how, employment you should either consist of proof of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed criteria below (or similar proof if any of the requirements do not easily use):
– Evidence of invoice of lesser nationally or globally recognized prizes or awards for excellence
– Evidence of your membership in associations in the field which demand exceptional accomplishment of their members
– Evidence of published product about you in expert or significant trade publications or other significant media
– Evidence that you have been asked to judge the work of others, either individually or on a panel
– Evidence of your original scientific, scholarly, creative, athletic, or business-related contributions of major significance to the field
– Evidence of your authorship of scholarly short articles in expert or significant trade publications or other major media
– Evidence that your work has been shown at artistic exhibitions or displays
– Evidence of your performance of a leading or critical role in recognized companies
– Evidence that you command a high income or other considerably high compensation in relation to others in the field
– Evidence of your business successes in the performing arts
To learn more on Extraordinary Ability, read our policy in Volume 6, Part F, Chapter 2, of the USCIS Policy Manual.
** Examples of Documentary Evidence That an Individual is an Outstanding Professor or Researcher
In order to show you are an impressive teacher or scientist, you should consist of evidence of 2 of the 6 listed requirements listed below (or comparable proof if any of the requirements do not easily use):
– Evidence of receipt of significant rewards or awards for impressive achievement
– Evidence of subscription in associations that require their members to demonstrate outstanding achievement
– Evidence of released material in expert publications written by others about the alien’s operate in the academic field
– Evidence of involvement, either on a panel or individually, as a judge of the work of others in the exact same or allied academic field
– Evidence of initial clinical or academic research contributions in the field
– Evidence of authorship of academic books or articles (in academic journals with international circulation) in the field
To find out more on Outstanding Professors and Researchers, read our policy in Volume 6, Part F, Chapter 3, of the USCIS Policy Manual.
To learn more on Multinational Executives or Managers, read our policy in Volume 6, Part F, Chapter 4, of the USCIS Policy Manual.
Application Process
Extraordinary Ability: You may look for yourself by submitting a Kind I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. employer need to submit a Form I-140, Petition for Alien Worker. As part of the application process, your employer should be able to demonstrate a continuing ability to pay the provided wage as of the date. Your company may use a yearly report, federal income tax return, or audited financial statement to show a continuing ability to pay your wage.
Multinational Manager or Executive: Your U.S. company must file USCIS Form I-140, Petition for Alien Worker. As part of the application procedure, your company needs to be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your company might use an annual report, federal tax return, or audited monetary statement to demonstrate a continuing ability to pay your wage.