Employment-Based Immigration: very First Preference EB-1

You may be eligible for an employment-based, employment first-preference visa if you are an alien of amazing capability, are an impressive professor or researcher, or are a certain multinational executive or manager. Each occupational category has particular requirements that must be met:

Your petitioning company should be a U.S. employer and plan to utilize you in a managerial or executive capacity. The petitioner needs to have been doing business 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 executive capacity.

No labor certification is required.

* Criteria for Demonstrating Extraordinary Ability

In order to demonstrate you have sustained national or international recognition and that your accomplishments have actually been recognized in your field of knowledge, you should either consist of proof of a one-time achievement (significant internationally-recognized award) or 3 of the 10 noted requirements below (or equivalent evidence if any of the criteria do not easily apply):

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

– Evidence of your membership in associations in the field which require outstanding accomplishment of their members

– Evidence of published product about you in professional or significant trade publications or other major media

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

– Evidence of your initial scientific, academic, creative, athletic, or business-related contributions of major significance to the field

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

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

– Evidence of your efficiency of a leading or vital function in distinguished organizations

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

– Evidence of your industrial successes in the carrying out arts

For more details on Extraordinary Ability, read our policy in Volume 6, Part F, Chapter 2, employment 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 impressive teacher or scientist, you must include evidence of 2 of the 6 noted requirements listed below (or comparable evidence if any of the requirements do not easily apply):

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

– Evidence of subscription in associations that need their members to demonstrate impressive accomplishment

– Evidence of released product in expert 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 academic field

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

– Evidence of authorship of academic books or employment short articles (in academic journals with worldwide flow) in the field

To learn more on Outstanding Professors and Researchers, read our policy in Volume 6, Part F, Chapter 3, of the USCIS Policy Manual.

For more 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 make an application for yourself by submitting a Type I-140, Petition for Alien Worker.

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

Multinational Manager or Executive: Your U.S. employer need to file USCIS Form I-140, Petition for Alien Worker. As part of the application process, your company needs to have the ability to show a continuing capability to pay the provided wage since the top priority date. Your employer may utilize an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.