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Employment-Based Immigration: very First Preference EB-1
You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary capability, are an outstanding teacher or researcher, or are a specific international executive or supervisor. Each occupational category has certain requirements that must be met:
Your petitioning employer needs to be a U.S. company and intend to utilize you in a managerial or executive capability. The petitioner needs to have been doing service in the U.S. for a minimum of 1 year, as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capability.
No labor certification is needed.
* Criteria for Demonstrating Extraordinary Ability
In order to demonstrate you have actually sustained nationwide or worldwide honor which your accomplishments have actually been acknowledged in your field of competence, you need to either include evidence of a one-time accomplishment (major internationally-recognized award) or 3 of the 10 listed criteria listed below (or similar proof if any of the criteria do not easily use):
– Evidence of receipt of lesser nationally or internationally recognized rewards or awards for excellence
– Evidence of your subscription in associations in the field which achievement of their members
– Evidence of released material about you in expert or major trade publications or other significant media
– Evidence that you have been asked to judge the work of others, either individually or on a panel
– Evidence of your original scientific, scholarly, creative, athletic, or business-related contributions of significant significance to the field
– Evidence of your authorship of scholarly short articles in expert or major trade publications or other major media
– Evidence that your work has been displayed at creative exhibits or showcases
– Evidence of your performance of a leading or vital function in recognized companies
– Evidence that you command a high wage or other considerably high remuneration in relation to others in the field
– Evidence of your commercial successes in the carrying out 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 an Individual is an Exceptional Professor or Researcher
In order to demonstrate you are an exceptional teacher or scientist, you need to consist of evidence of 2 of the 6 noted requirements below (or equivalent evidence if any of the requirements do not easily use):
– Evidence of receipt of significant rewards or awards for outstanding accomplishment
– Evidence of membership in associations that need their members to show exceptional accomplishment
– Evidence of released material in professional publications composed by others about the alien’s work in the scholastic 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 scholarly research study contributions in the field
– Evidence of authorship of scholarly 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, referall.us Part F, Chapter 3, of the USCIS Policy Manual.
For additional information 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 obtain yourself by submitting a Type 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 procedure, your company should have the ability to show a continuing ability to pay the provided 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 process, your employer needs to have the ability to demonstrate a continuing ability to pay the used wage as of the priority date. Your employer may use a yearly report, federal income tax return, or audited financial statement to show a continuing ability to pay your wage.