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 professor or scientist, or are a certain multinational executive or supervisor. Each occupational category has particular requirements that must be met:
Your petitioning company must be a U.S. employer and intend to employ you in a supervisory or executive capacity. The petitioner must have been doing company 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 needed.
* Criteria for Demonstrating Extraordinary Ability
In order to demonstrate you have sustained national or worldwide acclaim which your achievements have been recognized in your field of proficiency, you should either consist of evidence of a one-time achievement (significant internationally-recognized award) or 3 of the 10 listed criteria below (or similar proof if any of the criteria do not readily use):
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for quality
- Evidence of your membership in associations in the field which require exceptional 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 judge the work of others, either individually or on a panel
- Evidence of your original clinical, academic, creative, athletic, or business-related contributions of significant significance to the field
- Evidence of your authorship of academic short articles in professional or significant trade publications or other significant media
- Evidence that your work has actually been shown at artistic exhibitions or displays
- Evidence of your performance of a leading or important function in distinguished organizations
- Evidence that you command a high income or other considerably high remuneration 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 exceptional professor or researcher, you need to include evidence of 2 of the 6 listed criteria listed below (or equivalent proof if any of the requirements do not readily use):
- Evidence of receipt of significant rewards or awards for impressive achievement
- Evidence of membership in associations that need their members to demonstrate outstanding accomplishment
- Evidence of in expert publications composed by others about the alien's operate in the academic field
- Evidence of involvement, either on a panel or separately, employment as a judge of the work of others in the same or allied academic field
- Evidence of initial scientific or scholarly research study contributions in the field
- Evidence of authorship of academic books or short articles (in scholarly journals with worldwide circulation) in the field
For additional information 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 employment Managers, read our policy in Volume 6, Part F, Chapter 4, of the USCIS Policy Manual.
Application Process
Extraordinary Ability: You might obtain yourself by filing a Form I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. company should submit a Form I-140, Petition for employment Alien Worker. As part of the application procedure, your company needs to be able to demonstrate a continuing ability to pay the used wage as of the top priority date. Your employer may use an annual report, federal earnings tax return, or audited monetary statement 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 Alien Worker. As part of the application process, your employer needs to have the ability to show a continuing ability to pay the provided wage since the priority date. Your employer might utilize a yearly report, federal earnings tax return, or audited financial statement to show a continuing capability to pay your wage.