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 extraordinary ability, are an outstanding teacher or researcher, or are a certain or supervisor. Each occupational classification has specific requirements that should be met:

Your petitioning employer must be a U.S. company and intend to use you in a managerial or executive capacity. The petitioner needs to 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 employed you abroad in a managerial or executive capability.

No labor certification is required.

* Criteria for Demonstrating Extraordinary Ability

In order to show you have sustained nationwide or worldwide recognition and that your achievements have been acknowledged in your field of expertise, you should either consist of proof of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed requirements listed below (or comparable evidence if any of the criteria do not readily apply):

– Evidence of invoice of lesser nationally or globally acknowledged rewards or awards for excellence

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

– Evidence of released product about you in professional or significant trade publications or other significant 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, artistic, athletic, or business-related contributions of major significance to the field

– Evidence of your authorship of academic articles in professional or major trade publications or other significant media

– Evidence that your work has been shown at creative exhibitions or showcases

– Evidence of your performance of a leading or vital function in recognized companies

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

– Evidence of your industrial 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 an Individual is an Exceptional Professor or Researcher

In order to demonstrate you are an outstanding professor or researcher, you need to consist of proof of 2 of the 6 noted criteria below (or similar evidence if any of the criteria do not easily apply):

– Evidence of invoice of significant prizes or awards for outstanding achievement

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

– Evidence of released material in expert publications written by others about the alien’s work in the academic 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 initial clinical or academic research study contributions in the field

– Evidence of authorship of academic books or short articles (in academic journals with global 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, employment Chapter 4, of the USCIS Policy Manual.

Application Process

Extraordinary Ability: You might get yourself by filing a Kind I-140, Petition for Alien Worker.

Outstanding Professors and Researchers: Your U.S. company must file a Type I-140, Petition for Alien Worker. As part of the application process, your company needs to be able to show a continuing ability to pay the offered wage since the top priority date. Your employer may utilize 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 need to file USCIS Form I-140, Petition for Alien Worker. As part of the application procedure, employment your company needs to be able to show a continuing capability to pay the offered wage as of the concern date. Your employer might use an annual report, employment federal tax return, or audited financial declaration to demonstrate a continuing ability to pay your wage.