You may be eligible for an employment-based, first-preference visa if you are an alien of amazing capability, are an outstanding teacher or researcher, or are a certain multinational executive or manager. Each occupational category has specific requirements that should be met:
Your petitioning company needs to be a U.S. employer and intend to employ you in a managerial or employment executive capacity. The petitioner should 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 used you abroad in a managerial or executive capacity.
No labor certification is needed.
* Criteria for Demonstrating Extraordinary Ability
In order to show you have actually sustained national or international acclaim and that your achievements have been recognized in your field of proficiency, you should either include proof of a one-time achievement (major internationally-recognized award) or 3 of the 10 noted criteria listed below (or comparable evidence if any of the requirements do not readily use):
- Evidence of of lesser nationally or globally acknowledged rewards or awards for excellence
- Evidence of your subscription in associations in the field which demand exceptional accomplishment of their members
- Evidence of released product about you in expert or significant trade publications or other significant media
- Evidence that you have actually been asked to judge the work of others, either individually or on a panel
- Evidence of your original scientific, scholarly, creative, athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of academic short articles in expert or significant trade publications or other major media
- Evidence that your work has actually been shown at artistic exhibits or showcases
- Evidence of your efficiency of a leading or critical function in prominent organizations
- Evidence that you command a high salary or other substantially high remuneration 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, of the USCIS Policy Manual.
** Examples of Documentary Evidence That a Person is an Outstanding Professor or Researcher
In order to demonstrate you are an impressive professor or scientist, you should consist of evidence of 2 of the 6 listed requirements below (or comparable evidence if any of the criteria do not easily apply):
- Evidence of invoice of major prizes or awards for outstanding accomplishment
- Evidence of membership in associations that need their members to show exceptional achievement
- Evidence of published material in expert publications composed 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 same or allied scholastic field
- Evidence of original scientific or scholarly research contributions in the field
- Evidence of authorship of scholarly books or short articles (in academic journals with international 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.
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 might request yourself by filing a Type I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. company need to submit a Kind I-140, Petition for Alien Worker. As part of the application procedure, your company needs to be able to demonstrate a continuing ability to pay the provided wage since the top priority date. Your employer might utilize an annual report, federal income tax return, or audited financial declaration to show a continuing ability to pay your wage.
Multinational Manager or Executive: Your U.S. employer must file USCIS Form I-140, Petition for employment Alien Worker. As part of the application procedure, your employer needs to have the ability to demonstrate a continuing capability to pay the used wage since the priority date. Your employer might use an annual report, federal earnings tax return, or audited monetary statement to demonstrate a continuing ability to pay your wage.
1
Employment Based Immigration: very First Preference EB 1
Abbie Cairns edited this page 1 month ago