Employment-Based Immigration: very First Preference EB-1
You might be qualified for an employment-based, first-preference visa if you are an alien of capability, are an outstanding professor or scientist, or are a certain multinational executive or manager. Each occupational category has certain requirements that must be met:
Your petitioning employer needs to be a U.S. employer and intend to utilize you in a supervisory or executive capability. The petitioner should have been doing company in the U.S. for at least 1 year, as a legal entity with a certifying relationship to the entity that utilized you abroad in a supervisory or executive capacity.
No labor accreditation is required.
* Criteria for Demonstrating Extraordinary Ability
In order to show you have actually sustained nationwide or worldwide recognition which your achievements have been acknowledged in your field of knowledge, you must either consist of proof of a one-time achievement (major internationally-recognized award) or 3 of the 10 noted criteria listed below (or equivalent proof if any of the requirements do not easily apply):
- Evidence of receipt of lesser nationally or worldwide recognized prizes or awards for excellence
- Evidence of your subscription in associations in the field which demand outstanding achievement of their members
- Evidence of published material about you in expert or major trade publications or employment other significant media
- Evidence that you have actually been asked to evaluate the work of others, either individually or on a panel
- Evidence of your initial clinical, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of academic posts in professional or significant trade publications or other major media
- Evidence that your work has actually been shown at creative exhibits or displays
- Evidence of your performance of a leading or critical role in distinguished companies
- Evidence that you command a high salary or other significantly high reimbursement 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 an Individual is an Impressive Professor or Researcher
In order to demonstrate you are an impressive professor or scientist, you should consist of evidence of 2 of the 6 listed requirements listed below (or equivalent evidence if any of the requirements do not easily use):
- Evidence of receipt of significant rewards or awards for outstanding achievement
- Evidence of membership in associations that require their members to show impressive achievement
- Evidence of published product in expert publications composed 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 original clinical or academic research contributions in the field
- Evidence of authorship of academic books or posts (in academic journals with international blood circulation) in the field
For additional information 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, Part F, Chapter 4, of the USCIS Policy Manual.
Application Process
Extraordinary Ability: You might request yourself by submitting a Kind I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. employer should file a Kind I-140, Petition for employment Alien Worker. As part of the application process, your employer must have the ability to demonstrate a continuing capability to pay the used wage since the concern date. Your employer may use a yearly report, federal earnings tax return, or audited financial 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 needs to have the ability to demonstrate a continuing ability to pay the provided wage since the concern date. Your employer may use an annual report, federal income tax return, or audited financial declaration to show a continuing capability to pay your wage.