Employment-Based Immigration: very First Preference EB-1

You may be qualified for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a specific international executive or supervisor. Each occupational classification has specific requirements that need to be met:

Your petitioning employer must be a U.S. employer and mean to use you in a managerial or executive capability. 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 employed you abroad in a supervisory or executive capability.

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 actually been in your field of expertise, you must either include proof of a one-time accomplishment (major internationally-recognized award) or 3 of the 10 listed requirements listed below (or equivalent proof if any of the criteria do not easily use):

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

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

– Evidence of published product about you in professional or significant trade publications or other major 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, artistic, athletic, or business-related contributions of significant significance to the field

– Evidence of your authorship of academic articles in professional or major trade publications or other major media

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

– Evidence of your performance of a leading or critical role in prominent organizations

– Evidence that you command employment a high wage or other substantially high reimbursement in relation to others in the field

– Evidence of your business 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 show you are an outstanding professor or researcher, you should include evidence of 2 of the 6 listed criteria listed below (or similar evidence if any of the requirements do not easily apply):

– Evidence of invoice of major employment prizes or awards for impressive accomplishment

– Evidence of membership in associations that need their members to demonstrate outstanding achievement

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

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

– Evidence of original clinical or academic research study contributions in the field

– Evidence of authorship of scholarly books or posts (in academic journals with international 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 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 use for yourself by filing a Kind I-140, Petition for Alien Worker.

Outstanding Professors and Researchers: Your U.S. company should submit a Type I-140, Petition for Alien Worker. As part of the application procedure, your company must be able to demonstrate a continuing ability to pay the offered wage as of the top priority date. Your company may use an annual report, federal tax return, or audited financial declaration to demonstrate a continuing ability to pay your wage.

Multinational Manager or Executive: Your U.S. company should submit USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer should have the ability to show a continuing capability to pay the provided wage as of the priority date. Your company may utilize an annual report, federal income tax return, or audited monetary declaration to show a continuing capability to pay your wage.