Employment-Based Immigration

First Preference EB-1 Category

Overview

To obtain an employment-based EB-1 immigrant visa or Green Card, you must file Form I-140, Petition for Alien Worker, with the United States Citizenship and Immigration Services (USCIS). EB-1 Immigrant category is based on the petitioner’s outstanding achievements in the specific field. The petitioner must be a person with extraordinary ability, a recognized professor, or a multinational executive.

The form must include sufficient evidence that the petitioner has achieved to the top of their field. In other words, the petitioner must submit proof of your extraordinary ability. Generally speaking, the following individuals may be eligible for EB-1 immigrant visa:

Persons of Extraordinary Ability

Individuals with extraordinary ability in the sciences, arts, education, business, or athletics who have obtained sustained national or international acclaim. Such individuals should intend to continue to work in the same field of expertise, and their admission as permanent residents should substantially benefit the United States.

Outstanding Professors and Researchers

As an outstanding professor, you must be internationally recognized in particular academic areas and possess three (3) years of academic research or teaching experience. It would be best to have a tenured or tenure-track position at universities or institutes of higher education or in comparable research positions in institutions that employ at least three full-time researchers. Such institutions must also demonstrate documented accomplishments in the field.

Multinational Executives or Managers

This category requires individuals to be employed abroad in the same capacity during at least one of the three years preceding their applications for admission to the US as priority workers. Such individuals must enter the US to be employed as executives or managers for the same firm, corporation, or legal entity, or for a subsidiary or affiliate of the entity that employed them abroad.

Benefits

No labor certification is required
EB-1 Category visas can eventually lead to lawful permanent residence.
Authorization to work in the United States
Travel within and outside of the country without renewal - certain restrictions apply
Same benefits for spouse and unmarried children under the age of 21

Promotion

Process and Eligibility

Extraordinary Ability: You may apply yourself (NO Petition Needed) by filing a Form I-140, Petition for Alien Worker. As an individual with extraordinary ability in the sciences, arts, education, business, or athletics you must demonstrate sustained national or international acclaim by submitting:

Or three of the followings:

Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
Evidence of your membership in associations in the field which demand outstanding achievement of their members
Evidence of published material about you in professional or major trade publications or other major 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, artistic, athletic, or business-related contributions of major significance to the field
Evidence of your membership in associations in the field which demand outstanding achievement of their members
Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence of your performance of a leading or critical role in distinguished organizations
Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
Evidence of your commercial successes in the performing arts

Outstanding Professors and Researchers: Your U.S. employer must file a Form I-140, Petition for Alien Worker, on your behalf. As part of the process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.

In order to demonstrate you are an outstanding professor or researcher, you must include evidence of 2 of the 6 listed criteria below (or comparable evidence if any of the criteria do not readily apply).

Evidence of receipt of major prizes or awards for outstanding achievement
Evidence of membership in associations that require their members to demonstrate outstanding achievement
Evidence of published material in professional publications written by others about the noncitizen'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 same or allied academic field
Evidence of original scientific or scholarly research contributions in the field
Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

Multinational Manager or Executive: The eligibility criteria for multinational managers or executives for EB-1 status is more or less similar to that of outstanding professors mentioned in the section above. However, there are additional requirements that must be satisfied for an individual to receive EB-1 status as a multinational manager or executive. Click here to learn more.

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