You may be eligible for an employment-based, first-preference visa if you are an alien of amazing ability, are an outstanding teacher or researcher, or are a certain multinational executive or supervisor. Each occupational category has specific requirements that should be met:
Your petitioning company should be a U.S. employer and mean to utilize you in a managerial or 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 certifying relationship to the entity that used you abroad in a supervisory or executive capacity.
No labor certification is needed.
* Criteria for Demonstrating Extraordinary Ability
In order to show you have sustained national or worldwide recognition and that your achievements have actually been acknowledged in your field of knowledge, you need to either consist of evidence of a one-time achievement (major internationally-recognized award) or 3 of the 10 noted criteria listed below (or similar proof if any of the requirements do not easily apply):
- Evidence of invoice of lesser nationally or internationally recognized prizes or awards for excellence
- Evidence of your membership in associations in the field which demand exceptional accomplishment 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 separately or on a panel
- Evidence of your 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 trade publications or other significant media
- Evidence that your work has actually been displayed at creative exhibits or displays
- Evidence of your efficiency of a leading or employment crucial function in prominent companies
- Evidence that you command a high salary or other considerably high compensation in relation to others in the field
- Evidence of your commercial successes in the performing arts
For additional information 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 Exceptional Professor or Researcher
In order to demonstrate you are an exceptional teacher or scientist, you need to consist of proof of 2 of the 6 listed requirements listed below (or similar proof if any of the criteria do not easily apply):
- Evidence of receipt of significant rewards or awards for impressive achievement
- Evidence of subscription in associations that require their members to show outstanding achievement
- Evidence of published product in expert publications composed by others about the alien's work in the academic field
- Evidence of participation, either on a panel or separately, as a judge of the work of others in the exact same or allied scholastic field
- Evidence of initial clinical or scholarly research contributions in the field
- Evidence of authorship of scholarly books or posts (in academic journals with worldwide circulation) in the field
To find out more on Outstanding Professors and Researchers, read our policy in Volume 6, Part F, Chapter 3, of the USCIS Policy Manual.
For employment more details on Multinational Executives or Managers, read our policy in Volume 6, Part F, Chapter 4, employment of the USCIS Policy Manual.
Application Process
Extraordinary Ability: You might look for yourself by filing a Kind I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. employer should file a Type I-140, Petition for Alien Worker. As part of the application process, your company should be able to show a continuing ability to pay the provided wage as of the priority date. Your company might utilize a yearly report, federal tax return, or audited financial statement to show a continuing capability 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 procedure, your employer must be able to show a continuing capability to pay the offered wage since the top priority date. Your company might use an annual report, employment federal earnings tax return, or audited monetary declaration to demonstrate a continuing capability to pay your wage.
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Employment Based Immigration: first Preference EB 1
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