Employment-Based Immigration: first Preference EB-1

You might be eligible for an employment-based, first-preference visa if you are an alien of extraordinary capability, are an exceptional professor or researcher, or are a certain multinational executive or manager. Each occupational classification has particular requirements that should be fulfilled:

Your petitioning company must be a U.S. employer and intend to use you in a supervisory or executive capacity. The petitioner needs to have been doing organization in the U.S. for a minimum of 1 year, as a legal entity with a certifying relationship to the entity that employed you abroad in a managerial or executive capacity.

No labor certification is required.

* 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 expertise, you must either include evidence of a one-time accomplishment (significant internationally-recognized award) or 3 of the 10 noted criteria listed below (or equivalent evidence 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 membership in associations in the field which require exceptional accomplishment of their members

– Evidence of published material about you in expert or significant 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 clinical, employment academic, creative, athletic, or business-related contributions of major significance to the field

– Evidence of your authorship of academic posts in professional or major employment trade publications or other major media

– Evidence that your work has been displayed at creative exhibitions or displays

– Evidence of your efficiency of a leading or critical function in prominent organizations

– Evidence that you command a high wage or other substantially high compensation 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 a Person is an Outstanding Professor or Researcher

In order to demonstrate you are an impressive professor or researcher, you should include proof of 2 of the 6 noted criteria below (or equivalent proof if any of the criteria do not readily use):

– Evidence of receipt of significant rewards or awards for exceptional accomplishment

– Evidence of subscription in associations that require their members to demonstrate impressive achievement

– Evidence of published product in professional publications written by others about the alien’s operate in the academic field

– Evidence of involvement, either on a panel or separately, as a judge of the work of others in the same or employment allied academic field

– Evidence of initial scientific or scholarly research study contributions in the field

– Evidence of authorship of academic books or articles (in scholarly journals with international circulation) in the field

To learn more on Outstanding Professors and Researchers, read our policy in Volume 6, Part F, Chapter 3, of the USCIS Policy Manual.

To find out more on Multinational Executives or Managers, read our policy in Volume 6, employment Part F, Chapter 4, of the USCIS Policy Manual.

Application Process

Extraordinary Ability: You might look for yourself by submitting a Type I-140, Petition for Alien Worker.

Outstanding Professors and Researchers: Your U.S. employer should file a Kind I-140, Petition for Alien Worker. As part of the application procedure, employment your company should have the ability to show a to pay the offered wage as of the concern date. Your employer might use an annual report, federal tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.

Multinational Manager or Executive: Your U.S. company must submit USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer should have the ability to demonstrate a continuing ability to pay the offered wage since the priority date. Your employer might utilize a yearly report, federal earnings tax return, or audited financial declaration to show a continuing ability to pay your wage.