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Employment-Based Immigration: 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 outstanding professor or researcher, or are a particular multinational executive or manager. Each occupational classification has certain requirements that must be met:

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

No labor certification is needed.

* Criteria for Demonstrating Extraordinary Ability

In order to show you have sustained national or global honor which your achievements have actually been acknowledged in your field of know-how, you must either include evidence of a one-time accomplishment (significant internationally-recognized award) or 3 of the 10 noted requirements listed below (or similar evidence if any of the requirements do not readily use):

– Evidence of receipt of lesser nationally or globally recognized prizes or awards for quality

– Evidence of your membership in associations in the field which demand 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 original clinical, scholarly, creative, athletic, or business-related contributions of significant significance to the field

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

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

– Evidence of your performance of a leading or important function in distinguished organizations

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

– Evidence of your industrial successes in the performing arts

For additional information on Extraordinary Ability, employment 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 demonstrate you are an exceptional teacher or employment researcher, you must include proof of 2 of the 6 noted criteria below (or comparable evidence if any of the criteria do not readily use):

– Evidence of receipt of significant rewards or awards for employment outstanding accomplishment

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

– Evidence of published material in expert publications composed by others about the alien’s work in the academic field

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

– Evidence of or employment academic research study contributions in the field

– Evidence of authorship of academic books or articles (in scholarly journals with worldwide flow) 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.

To learn 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 may make an application for yourself by submitting a Kind I-140, Petition for Alien Worker.

Outstanding Professors and Researchers: Your U.S. company must submit a Type I-140, Petition for Alien Worker. As part of the application process, your employer should have the ability to show a continuing ability to pay the offered wage since the priority date. Your employer might use a yearly report, federal income tax return, or audited financial statement to show a continuing ability to pay your wage.

Multinational Manager or Executive: employment Your U.S. employer need to file USCIS Form I-140, Petition for Alien Worker. As part of the application procedure, your company must have the ability to demonstrate a continuing capability to pay the offered wage since the priority date. Your company might use an annual report, federal tax return, or audited monetary declaration to demonstrate a continuing capability to pay your wage.