You might be eligible for an employment-based, first-preference visa if you are an alien of extraordinary capability, are an outstanding professor or researcher, or are a particular international executive or manager. Each occupational category has specific requirements that need to be fulfilled:
Your petitioning company must be a U.S. employer and plan to employ you in a managerial or executive capability. The petitioner should have been doing organization in the U.S. for at least 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 global recognition and that your achievements have been acknowledged in your field of knowledge, you need to either include proof of a one-time accomplishment (significant internationally-recognized award) or 3 of the 10 noted criteria below (or equivalent evidence if any of the requirements do not easily use):
- Evidence of invoice of lower nationally or globally acknowledged prizes or employment awards for
- Evidence of your membership in associations in the field which demand impressive accomplishment of their members
- Evidence of released product about you in expert or major employment trade publications or other major media
- Evidence that you have actually been asked to judge the work of others, either separately or on a panel
- Evidence of your initial scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of scholarly short articles in expert or major trade publications or other significant media
- Evidence that your work has been displayed at artistic exhibitions or showcases
- Evidence of your efficiency of a leading or important role in distinguished organizations
- Evidence that you command a high salary or other substantially high compensation in relation to others in the field
- Evidence of your commercial successes in the performing arts
To find out 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 Outstanding Professor or Researcher
In order to demonstrate you are an exceptional teacher or scientist, you should include evidence of 2 of the 6 listed criteria listed below (or comparable proof if any of the criteria do not readily use):
- Evidence of receipt of major prizes or awards for exceptional achievement
- Evidence of subscription in associations that require their members to demonstrate impressive accomplishment
- Evidence of published material in professional publications written by others about the alien's operate in the scholastic field
- Evidence of involvement, either on a panel or individually, as a judge of the work of others in the exact same or allied academic field
- Evidence of initial clinical 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 additional information on Outstanding Professors and Researchers, read our policy in Volume 6, Part F, Chapter 3, of the USCIS Policy Manual.
For more details 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 apply for yourself by submitting a Form I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. company should file a Form I-140, Petition for Alien Worker. As part of the application process, your employer needs to be able to demonstrate a continuing capability to pay the offered wage as of the concern date. Your employer might use a yearly report, federal tax return, or audited monetary declaration to show a continuing ability to pay your wage.
Multinational Manager or Executive: Your U.S. employer should submit USCIS Form I-140, Petition for Alien Worker. As part of the application procedure, your employer must have the ability to demonstrate a continuing ability to pay the provided wage since the priority date. Your company may use a yearly report, federal tax return, or audited financial declaration to show a continuing capability to pay your wage.
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Employment Based Immigration: first Preference EB 1
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