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 remarkable capability, are an outstanding teacher or researcher, or are a specific international executive or supervisor. Each occupational category has certain requirements that should be satisfied:

Your petitioning employer should be a U.S. company and intend to utilize you in a managerial or executive capacity. The petitioner should have been doing business in the U.S. for employment a minimum of 1 year, as a legal entity with a certifying relationship to the entity that utilized you abroad in a supervisory or executive capacity.

No labor accreditation is required.

* Criteria for Demonstrating Extraordinary Ability

In order to demonstrate you have sustained national or international recognition and that your accomplishments have been recognized in your field of competence, you must either consist of proof of a one-time accomplishment (major internationally-recognized award) or 3 of the 10 noted requirements listed below (or equivalent evidence if any of the criteria do not readily apply):

– Evidence of invoice of lower nationally or worldwide recognized rewards or awards for excellence

– Evidence of your subscription in associations in the field which require outstanding achievement of their members

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

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

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

– Evidence of your authorship of academic posts in expert or significant trade publications or other major media

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

– Evidence of your efficiency of a leading or critical function in prominent organizations

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

– Evidence of your industrial successes in the performing arts

To learn 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 Impressive Professor or Researcher

In order to show you are an outstanding teacher or scientist, you should include proof of 2 of the 6 listed criteria listed below (or equivalent evidence if any of the criteria do not easily apply):

– Evidence of invoice of significant prizes or awards for exceptional achievement

– 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 academic field

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

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

– Evidence of authorship of academic books or articles (in scholarly journals with global 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 more information on Multinational Executives or Managers, read our policy in Volume 6, employment Part F, Chapter 4, of the USCIS Policy Manual.

Application Process

Extraordinary Ability: You might make an application for yourself by filing a Kind I-140, employment Petition for Alien Worker.

and Researchers: Your U.S. company need to file a Type 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 used wage since the priority date. Your employer may use a yearly report, federal income tax return, or audited financial declaration to demonstrate a continuing capability to pay your wage.

Multinational Manager or employment Executive: Your U.S. company should file USCIS Form I-140, Petition for Alien Worker. As part of the application procedure, your employer should have the ability to demonstrate a continuing capability to pay the offered wage as of the top priority date. Your company may utilize a yearly report, federal tax return, or audited monetary declaration to show a continuing ability to pay your wage.