Employment-Based Immigration: very First Preference EB-1
You may be eligible for job an employment-based, first-preference visa if you are an alien of extraordinary capability, are an outstanding teacher or job scientist, or are a particular international executive or manager. Each occupational category has particular requirements that should be met:
Your petitioning employer must be a U.S. employer and plan to use you in a managerial or executive capacity. The petitioner needs to have been doing business in the U.S. for a minimum of 1 year, as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capability.
No labor accreditation is required.
* Criteria for Demonstrating Extraordinary Ability
In order to demonstrate you have sustained national or international praise which your achievements have actually been acknowledged in your field of know-how, you need to either consist of proof of a one-time accomplishment (major internationally-recognized award) or 3 of the 10 noted requirements below (or equivalent evidence if any of the criteria do not readily apply):
- Evidence of receipt of lower nationally or globally 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 initial clinical, academic, 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 actually been shown at artistic exhibitions or showcases
- Evidence of your performance of a leading or crucial role in prominent companies
- Evidence that you command a high salary or other considerably high compensation in relation to others in the field
- Evidence of your business successes in the carrying out arts
For more 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 Exceptional Professor or Researcher
In order to demonstrate you are an impressive teacher or researcher, job you need to consist of proof of 2 of the 6 noted requirements below (or equivalent proof if any of the requirements do not readily apply):
- Evidence of receipt of significant prizes 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 operate in the scholastic field
- Evidence of involvement, either on a panel or individually, as a judge of the work of others in the very same or allied academic field
- Evidence of original clinical or academic research contributions in the field
- Evidence of authorship of academic books or job articles (in academic journals with worldwide circulation) in the field
For more details on Outstanding Professors and Researchers, read our policy in Volume 6, job Part F, Chapter 3, of the USCIS Policy Manual.
For more details on Multinational Executives or job 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 filing a Kind I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. company need to file a Type 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 provided wage since the concern date. Your company might use an annual report, federal income tax return, or audited financial declaration to show a 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 process, your company needs to have the ability to show a continuing ability to pay the offered wage as of the top priority date. Your employer might use a yearly report, federal tax return, or audited financial declaration to show a continuing ability to pay your wage.