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 remarkable capability, are an outstanding professor or scientist, or are a certain multinational executive or manager. Each occupational category has specific requirements that must be met:

Your petitioning employer must be a U.S. employer and plan to use you in a managerial or executive capability. The petitioner must have been doing service in the U.S. for a minimum of 1 year, as a legal entity with a qualifying relationship to the entity that utilized you abroad in a supervisory or executive capacity.

No labor certification is needed.

* Criteria for Demonstrating Extraordinary Ability

In order to demonstrate you have actually sustained nationwide or worldwide recognition and that your accomplishments have been recognized in your field of competence, you must either consist of proof of a one-time accomplishment (significant internationally-recognized award) or 3 of the 10 listed criteria listed below (or comparable proof if any of the requirements do not easily apply):

– Evidence of receipt of lower nationally or internationally acknowledged prizes or awards for excellence

– Evidence of your subscription in associations in the field which require outstanding achievement of their members

– Evidence of released material about you in professional or major trade publications or other significant media

– Evidence that you have actually been asked to judge the work of others, either separately or on a panel

– Evidence of your initial scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

– Evidence of your authorship of academic posts in expert or significant trade publications or other major media

– Evidence that your work has actually been shown at artistic exhibits or displays

– Evidence of your efficiency of a leading or critical role in prominent companies

– Evidence that you command a high income or other significantly high compensation in relation to others in the field

– Evidence of your business successes in the carrying out arts

For more details on Extraordinary Ability, read our policy in Volume 6, Part F, Chapter 2, of the USCIS Policy Manual.

** Examples of Documentary Evidence That a Person is an Outstanding Professor or Researcher

In order to demonstrate you are an exceptional professor employment or researcher, you must include evidence of 2 of the 6 noted requirements below (or similar evidence if any of the requirements do not readily apply):

– Evidence of invoice of significant prizes or employment awards for impressive accomplishment

– Evidence of subscription in associations that need their members to show outstanding achievement

– Evidence of released material in professional publications composed by others about the alien’s operate in the academic field

– Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field

– Evidence of original clinical or scholarly research study contributions in the field

– Evidence of authorship of scholarly books or articles (in academic journals with international blood circulation) 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 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 might obtain yourself by submitting a Type I-140, employment Petition for Alien Worker.

Outstanding Professors and Researchers: Your U.S. company need to submit a Kind I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the provided wage since the priority date. Your company may use a yearly report, tax return, or employment audited monetary declaration to demonstrate a continuing capability 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 process, your employer must be able to show a continuing ability to pay the used wage as of the priority date. Your employer might utilize an annual report, federal income tax return, employment or audited financial declaration to demonstrate a continuing capability to pay your wage.