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 ability, are an exceptional professor or employment scientist, or are a particular multinational executive or manager. Each occupational category has certain requirements that need to be satisfied:

Your petitioning company should be a U.S. employer and plan to use you in a managerial or executive capability. The petitioner needs to have been doing organization in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that used you abroad in a managerial or employment executive capacity.

No labor certification is needed.

* Criteria for Demonstrating Extraordinary Ability

In order to show you have sustained national or international acclaim which your accomplishments have been acknowledged in your field of expertise, you should either consist of evidence of a one-time accomplishment (major internationally-recognized award) or 3 of the 10 listed requirements below (or comparable evidence if any of the requirements do not easily use):

– Evidence of invoice of lesser nationally or internationally acknowledged prizes or awards for quality

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

– Evidence of released material about you in professional 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 initial scientific, scholarly, creative, athletic, employment or business-related contributions of major significance to the field

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

– Evidence that your work has been shown at artistic exhibits or showcases

– Evidence of your performance of a leading or vital function in prominent companies

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

– Evidence of your industrial successes in the performing arts

For employment 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 or Researcher

In order to show you are an exceptional teacher or researcher, you need to include proof of 2 of the 6 listed criteria below (or similar proof if any of the criteria do not easily apply):

– Evidence of receipt of major rewards or awards for outstanding accomplishment

– Evidence of membership in associations that require their members to show outstanding accomplishment

– Evidence of published product in professional publications composed by others about the alien’s work in the scholastic field

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

– Evidence of original scientific or academic research contributions in the field

– Evidence of authorship of or articles (in academic journals with international flow) in the field

To find out more 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 apply for yourself by filing a Type I-140, Petition for Alien Worker.

Outstanding Professors and Researchers: Your U.S. employer must file a Type I-140, Petition for Alien Worker. As part of the application procedure, your employer must be able to demonstrate a continuing ability to pay the provided wage since the top priority date. Your company may utilize a yearly report, federal earnings tax return, or audited financial declaration to demonstrate a continuing capability to pay your wage.

Multinational Manager or Executive: Your U.S. company need to submit USCIS Form I-140, Petition for employment Alien Worker. As part of the application process, your company should be able to demonstrate a continuing capability to pay the used wage as of the priority date. Your company might use a yearly report, federal earnings tax return, or audited financial declaration to demonstrate a continuing ability to pay your wage.