Employment-Based Immigration: first Preference EB-1
You might be for an employment-based, first-preference visa if you are an alien of remarkable capability, are an outstanding teacher or researcher, or are a particular multinational executive or supervisor. Each occupational category has particular requirements that need to be met:
Your petitioning company must be a U.S. company and plan to use you in a managerial or executive capacity. The petitioner should 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 used you abroad in a supervisory or executive capacity.
No labor certification is required.
* Criteria for Demonstrating Extraordinary Ability
In order to show you have actually sustained nationwide or worldwide recognition which your achievements have actually been acknowledged in your field of expertise, you must either include proof of a one-time accomplishment (major internationally-recognized award) or employment 3 of the 10 listed requirements below (or equivalent proof if any of the criteria do not readily use):
- Evidence of receipt of lesser nationally or internationally acknowledged rewards or awards for excellence
- Evidence of your subscription in associations in the field which require impressive achievement of their members
- Evidence of published material about you in expert or major trade publications or 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 original clinical, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of academic short articles in expert or significant trade publications or other significant media
- Evidence that your work has been shown at creative exhibits or showcases
- Evidence of your efficiency of a leading or employment critical function in recognized 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 performing arts
For more details 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 employment or Researcher
In order to show you are an exceptional teacher or scientist, you should consist of proof of 2 of the 6 noted requirements listed below (or equivalent evidence if any of the requirements do not easily use):
- Evidence of invoice of significant rewards or awards for impressive accomplishment
- Evidence of membership in associations that need their members to show outstanding achievement
- Evidence of published material in expert publications written by others about the alien's operate in the scholastic field
- Evidence of participation, either on a panel or separately, as a judge of the work of others in the very same or allied scholastic field
- Evidence of original scientific or academic research study contributions in the field
- Evidence of authorship of academic books or articles (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.
For more details 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 may use for yourself by submitting a Form I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. company should submit a Kind I-140, Petition for Alien Worker. As part of the application procedure, your company must have the ability to show a continuing capability to pay the used wage as of the priority date. Your employer may utilize a yearly report, federal tax return, or employment audited monetary statement to show a continuing capability to pay your wage.
Multinational Manager or Executive: Your U.S. employer must submit USCIS Form I-140, Petition for Alien Worker. As part of the application procedure, your employer must be able to demonstrate a continuing capability to pay the provided wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited monetary declaration to demonstrate a continuing capability to pay your wage.