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 remarkable capability, are an outstanding teacher or scientist, or job are a particular multinational executive or manager. Each occupational classification has particular requirements that should be satisfied:

Your petitioning employer must be a U.S. employer and plan to employ you in a supervisory or executive capacity. 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 managerial or executive capacity.

No labor accreditation is needed.

* Criteria for job Demonstrating Extraordinary Ability

In order to demonstrate you have actually sustained national or international praise which your achievements have been acknowledged in your field of know-how, you must either consist of evidence of a one-time accomplishment (major internationally-recognized award) or 3 of the 10 noted requirements below (or similar proof if any of the requirements do not readily use):

– Evidence of receipt of lesser nationally or internationally recognized rewards or awards for excellence

– Evidence of your membership in associations in the field which demand exceptional achievement of their members

– Evidence of released product about you in expert or major job trade publications or other significant media

– Evidence that you have been asked to judge the work of others, either separately or on a panel

– Evidence of your initial scientific, scholarly, artistic, job athletic, or business-related contributions of major significance to the field

– Evidence of your authorship of scholarly short articles in expert or significant trade publications or other major media

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

– Evidence of your performance of a leading or crucial function in prominent organizations

– Evidence that you command a high salary or other substantially high compensation in relation to others in the field

– Evidence of your business successes in the performing arts

For additional information 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 show you are an outstanding professor or researcher, you need to include evidence of 2 of the 6 listed criteria listed below (or similar evidence if any of the requirements do not readily apply):

– Evidence of invoice of major prizes or awards for impressive achievement

– Evidence of membership in associations that require their members to show exceptional achievement

of published product in expert publications written by others about the alien’s work in the scholastic field

– Evidence of participation, either on a panel or separately, as a judge of the work of others in the same or allied academic field

– Evidence of initial clinical or academic research contributions in the field

– Evidence of authorship of scholarly books or articles (in scholarly 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, Chapter 4, of the USCIS Policy Manual.

Application Process

Extraordinary Ability: You may make an application for yourself by submitting a Type I-140, Petition for Alien Worker.

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