Employment-Based Immigration: 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 teacher or scientist, or are a certain international executive or manager. Each occupational classification has specific requirements that need to be fulfilled:

Your petitioning employer needs to be a U.S. employer and plan to use you in a managerial or executive capacity. The petitioner needs to have been doing organization 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 employment executive capacity.

No labor accreditation is required.

* Criteria for Demonstrating Extraordinary Ability

In order to demonstrate you have sustained nationwide or employment global honor which your achievements have been recognized in your field of proficiency, you must either include proof of a one-time achievement (significant internationally-recognized award) or 3 of the 10 listed requirements below (or similar proof if any of the criteria do not easily use):

– Evidence of invoice of lesser nationally or globally recognized rewards or awards for excellence

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

– Evidence of released product about you in expert or major 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 clinical, academic, employment artistic, athletic, or business-related contributions of significant significance to the field

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

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

– Evidence of your efficiency of a leading or crucial function in recognized companies

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

– Evidence of your business 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 impressive professor or researcher, you must consist of evidence of 2 of the 6 listed criteria below (or similar evidence if any of the do not readily apply):

– Evidence of receipt of major prizes or awards for outstanding accomplishment

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

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

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

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

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

Application Process

Extraordinary Ability: You may use for yourself by filing a Form I-140, employment Petition for Alien Worker.

Outstanding Professors and Researchers: Your U.S. employer need to submit a Type I-140, Petition for Alien Worker. As part of the application process, your company must be able to show a continuing ability to pay the provided wage since the priority date. Your employer may utilize a yearly report, federal income tax return, or audited monetary statement to demonstrate a continuing ability to pay your wage.

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