Employment-Based Immigration: first Preference EB-1
You may be qualified for an employment-based, first-preference visa if you are an alien of amazing capability, are an exceptional professor or scientist, or are a specific international executive or manager. Each occupational category has certain requirements that need to be met:
Your petitioning employer needs to be a U.S. company and plan to use you in a managerial or executive capacity. The petitioner should have been doing service in the U.S. for at least 1 year, employment 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 sustained nationwide or international acclaim and that your accomplishments have been acknowledged in your field of proficiency, you need to either include proof of a one-time accomplishment (major internationally-recognized award) or 3 of the 10 noted criteria below (or comparable evidence if any of the criteria do not easily apply):
- Evidence of receipt of lower nationally or worldwide acknowledged prizes or awards for excellence
- Evidence of your membership in associations in the field which require impressive accomplishment of their members
- Evidence of released material about you in expert or major trade or other significant media
- Evidence that you have actually been asked to evaluate the work of others, either separately or on a panel
- Evidence of your initial clinical, scholarly, artistic, athletic, or business-related contributions of significant significance to the field
- Evidence of your authorship of academic posts in expert or major trade publications or other significant media
- Evidence that your work has actually been displayed at creative exhibits or displays
- Evidence of your performance of a leading or employment important role in distinguished organizations
- Evidence that you command employment a high wage or other substantially high remuneration in relation to others in the field
- Evidence of your commercial successes in the performing arts
To find out more on Extraordinary Ability, read our policy in Volume 6, Part F, Chapter 2, of the USCIS Policy Manual.
** Examples of Documentary Evidence That a Person is an Exceptional Professor or Researcher
In order to demonstrate you are an exceptional professor or scientist, you must consist of evidence of 2 of the 6 listed criteria listed below (or equivalent evidence if any of the criteria do not easily use):
- Evidence of receipt of major prizes or awards for exceptional achievement
- Evidence of membership in associations that need their members to demonstrate outstanding 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 exact same or allied academic field
- Evidence of original scientific or academic research contributions in the field
- Evidence of authorship of scholarly books or posts (in scholarly journals with international flow) 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.
To find out more 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 Type 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 procedure, your company should have the ability to demonstrate a continuing capability to pay the offered wage since the top priority date. Your employer may utilize a yearly report, federal tax return, or audited financial statement to show a continuing capability to pay your wage.
Multinational Manager or Executive: Your U.S. company must file USCIS Form I-140, Petition for Alien Worker. As part of the application procedure, your employer should have the ability to show a continuing ability to pay the used wage since the concern date. Your employer might utilize a yearly report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.