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Employment-Based Immigration: first Preference EB-1
You may be qualified for an employment-based, first-preference visa if you are an alien of amazing capability, are an impressive teacher or researcher, or are a particular international executive or supervisor. Each occupational classification has certain requirements that need to be fulfilled:
Your petitioning company needs to be a U.S. employer and plan to use you in a supervisory or executive capability. The petitioner needs to have been doing business in the U.S. for a minimum of 1 year, as a legal entity with a certifying relationship to the entity that used you abroad in a supervisory or executive capability.
No labor certification is required.
* Criteria for Demonstrating Extraordinary Ability
In order to show you have actually sustained nationwide or global honor which your achievements have actually been recognized in your field of knowledge, you must either include proof of a one-time achievement (significant internationally-recognized award) or 3 of the 10 noted requirements listed below (or equivalent evidence if any of the criteria do not easily use):
- Evidence of invoice of lower nationally or globally recognized rewards or awards for excellence
- Evidence of your membership in associations in the field which demand impressive achievement of their members
- Evidence of published product about you in expert or major trade publications or other significant media
- Evidence that you have actually been asked to evaluate 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 posts in professional or major employment trade publications or other significant media
- Evidence that your work has been shown at artistic exhibits or displays
- Evidence of your performance of a leading or vital role in distinguished organizations
- Evidence that you command a high income or other considerably high compensation in relation to others in the field
- Evidence of your commercial successes in the carrying out arts
To find out more on Extraordinary Ability, read our policy in Volume 6, Part F, employment Chapter 2, of the USCIS Policy Manual.
** Examples of Documentary Evidence That an Individual is an Outstanding Professor or Researcher
In order to show you are an exceptional professor or researcher, you need to include proof of 2 of the 6 noted requirements listed below (or employment equivalent proof if any of the requirements do not easily use):
- Evidence of receipt of major prizes or awards for outstanding accomplishment
- Evidence of membership in associations that need their members to show exceptional accomplishment
- Evidence of released material in professional publications written by others about the alien's work in the academic field
- Evidence of involvement, either on a panel or individually, as a judge of the work of others in the same or allied academic field
- Evidence of original scientific or scholarly research study contributions in the field
- Evidence of authorship of scholarly books or short articles (in scholarly journals with worldwide circulation) in the field
For information on Outstanding Professors and Researchers, read our policy in Volume 6, Part F, Chapter 3, of the USCIS Policy Manual.
For more info 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 obtain yourself by submitting a Kind I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. employer need to submit a Form I-140, Petition for Alien Worker. As part of the application process, your company should have the ability to show a continuing capability to pay the provided wage since the concern date. Your employer might utilize a yearly report, federal tax return, or audited financial declaration to show a continuing ability to pay your wage.
Multinational Manager or Executive: Your U.S. company must submit USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer should be able to demonstrate a continuing capability to pay the offered wage since the priority date. Your employer may use an annual report, federal income tax return, or audited monetary statement to show a continuing capability to pay your wage.