Employment-Based Immigration: first Preference EB-1
You may be eligible for an employment-based, first-preference visa if you are an alien of remarkable ability, are an outstanding teacher or scientist, or are a specific multinational executive or employment supervisor. Each occupational category has certain requirements that should be met:
Your petitioning employer should be a U.S. company and plan to use you in a managerial or employment executive capacity. The petitioner should have been doing organization in the U.S. for at least 1 year, as a legal entity with a certifying relationship to the entity that utilized you abroad in a supervisory or executive capability.
No labor employment certification is required.
* Criteria for Demonstrating Extraordinary Ability
In order to show you have sustained nationwide or global praise and that your accomplishments have been recognized in your field of expertise, you need to either consist of evidence of a one-time accomplishment (major internationally-recognized award) or 3 of the 10 listed criteria below (or comparable proof if any of the criteria do not readily apply):
– Evidence of receipt of lesser nationally or employment globally recognized prizes or awards for excellence
– Evidence of your membership in associations in the field which require outstanding accomplishment of their members
– Evidence of published material about you in expert or major trade publications or other major media
– Evidence that you have been asked to evaluate the work of others, either individually or on a panel
– Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
– Evidence of your authorship of academic articles in professional or major trade publications or other significant media
– Evidence that your work has been shown at creative exhibits or showcases
– Evidence of your efficiency of a leading or important function 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
For employment additional information 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 exceptional teacher or scientist, you need to include proof of 2 of the 6 listed criteria listed below (or similar proof if any of the criteria do not readily apply):
– Evidence of receipt of major rewards or awards for exceptional accomplishment
– Evidence of membership in associations that require their members to demonstrate exceptional accomplishment
– Evidence of published material in expert publications written by others about the alien’s work in the scholastic field
– Evidence of participation, 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 posts (in scholarly journals with global flow) in the field
For more details on Outstanding Professors and Researchers, read our policy in Volume 6, Part F, Chapter 3, of the USCIS Policy Manual.
For additional information 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 might obtain yourself by submitting a Form I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. company need to submit a Form I-140, Petition for Alien Worker. As part of the application process, your company needs to be able to show a continuing capability to pay the provided wage as of the date. Your company might utilize an annual report, federal earnings tax return, or audited monetary statement to show a continuing ability to pay your wage.
Multinational Manager or Executive: Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application procedure, your employer should be able to demonstrate a continuing capability to pay the offered wage as of the top priority date. Your company may utilize an annual report, federal tax return, or audited financial declaration to demonstrate a continuing ability to pay your wage.
