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Employment-Based Immigration: first Preference EB-1
You may be eligible for an employment-based, first-preference visa if you are an alien of capability, are an impressive teacher or researcher, or are a particular international executive or manager. Each occupational category has specific requirements that must be satisfied:
Your petitioning company should be a U.S. company and employment plan to use you in a managerial or executive capacity. The petitioner must have been doing service in the U.S. for at least 1 year, as a legal entity with a certifying relationship to the entity that used 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 national or global acclaim which your accomplishments have actually been acknowledged in your field of expertise, employment 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 invoice of lower nationally or internationally recognized rewards or awards for quality
– Evidence of your membership in associations in the field which demand employment impressive achievement of their members
– Evidence of published product about you in professional or significant trade publications or other major 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, academic, creative, athletic, or business-related contributions of significant significance to the field
– Evidence of your authorship of scholarly short articles in expert or major trade publications or other major media
– Evidence that your work has been displayed at artistic exhibits or displays
– Evidence of your performance of a leading or vital function in prominent companies
– Evidence that you command a high salary or other considerably high remuneration in relation to others in the field
– Evidence of your business successes in the carrying out 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 Exceptional Professor or Researcher
In order to demonstrate you are an exceptional professor or scientist, you must include evidence of 2 of the 6 listed criteria below (or comparable proof if any of the criteria do not easily use):
– Evidence of invoice of significant prizes or employment awards for outstanding accomplishment
– Evidence of membership in associations that require their members to demonstrate impressive accomplishment
– Evidence of released material in expert publications written by others about the alien’s work in the scholastic field
– Evidence of involvement, either on a panel or separately, as a judge of the work of others in the exact same or allied scholastic field
– Evidence of original clinical or academic research study contributions in the field
– Evidence of authorship of academic books or articles (in academic journals with worldwide circulation) in the field
To find out more on Outstanding Professors and Researchers, read our policy in Volume 6, Part F, Chapter 3, of the USCIS Policy Manual.
For additional information on Multinational Executives or Managers, read our policy in Volume 6, Part F, employment Chapter 4, of the USCIS Policy Manual.
Application Process
Extraordinary Ability: You may look for yourself by filing a Form I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. employer need to submit a Kind I-140, Petition for Alien Worker. As part of the application process, your employer should have the ability to show a continuing ability to pay the offered wage since the priority date. Your company might utilize an annual report, federal earnings tax return, or audited monetary declaration to show a continuing capability 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 employer should be able to demonstrate a continuing ability to pay the used wage as of the concern date. Your company might utilize a yearly report, employment federal tax return, or audited financial statement to demonstrate a continuing capability to pay your wage.