Employment-Based Immigration: very First Preference EB-1
You may be qualified for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an impressive professor or researcher, or are a particular multinational executive or supervisor. Each occupational classification has particular requirements that need to be fulfilled:
Your petitioning company must be a U.S. company and mean to use you in a supervisory or employment executive capability. The petitioner needs to have been doing company 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 managerial or executive capacity.
No labor certification is needed.
* Criteria for Demonstrating Extraordinary Ability
In order to show you have actually sustained nationwide or global recognition and that your achievements have actually been in your field of proficiency, you need to either include proof of a one-time accomplishment (major internationally-recognized award) or 3 of the 10 noted requirements listed below (or equivalent evidence if any of the criteria do not readily apply):
– Evidence of invoice of lower nationally or worldwide recognized rewards or employment awards for excellence
– Evidence of your membership in associations in the field which demand outstanding achievement of their members
– Evidence of released product about you in expert or major trade publications or other major media
– Evidence that you have been asked to judge the work of others, either separately or on a panel
– Evidence of your original scientific, scholarly, creative, athletic, or business-related contributions of significant significance to the field
– Evidence of your authorship of scholarly short articles in professional or significant trade publications or other major media
– Evidence that your work has been displayed at artistic exhibitions or displays
– Evidence of your efficiency of a leading or important function in recognized companies
– Evidence that you command a high income or other considerably high remuneration in relation to others in the field
– Evidence of your commercial 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 demonstrate you are an exceptional professor or scientist, you need to consist of evidence of 2 of the 6 noted requirements listed below (or comparable proof if any of the requirements do not easily use):
– Evidence of receipt of major rewards or awards for exceptional accomplishment
– Evidence of membership in associations that require their members to demonstrate exceptional achievement
– Evidence of released material in professional publications composed by others about the alien’s work in the academic field
– Evidence of participation, either on a panel or individually, as a judge of the work of others in the very same or allied academic field
– Evidence of initial scientific or academic research contributions in the field
– Evidence of authorship of scholarly books or short articles (in scholarly journals with international blood circulation) in the field
For more info on Outstanding Professors and Researchers, read our policy in Volume 6, employment Part F, employment Chapter 3, of the USCIS Policy Manual.
For more details 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 make an application for yourself by filing a Form I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. employer should file a Form I-140, Petition for Alien Worker. As part of the application process, your company must have the ability to demonstrate a continuing capability to pay the offered wage as of the priority date. Your company may utilize a yearly report, federal income tax return, or audited financial declaration to demonstrate a continuing ability to pay your wage.
Multinational Manager or Executive: Your U.S. company need to file USCIS Form I-140, Petition for Alien Worker. As part of the application procedure, your company should be able to show a continuing ability to pay the provided wage as of the priority date. Your employer may utilize a yearly report, federal earnings tax return, or audited financial statement to show a continuing capability to pay your wage.
