If you are a noncitizen of extraordinary ability, are an outstanding professor or researcher or are a certain multinational executive or manager, you may be eligible for an employment-based, first-preference visa. However, you should know that each occupational category has certain requirements that you must meet. For more information on whether you qualify for an EB-1 immigrant visa, please continue reading, then contact a lawyer experienced in obtaining employment green cards today.
How does a noncitizen with extraordinary ability obtain an EB-1 immigrant visa?
Through sustained national or international acclaim, you must be able to demonstrate extraordinary ability in the sciences, arts, education, business or athletics. Unless you can provide evidence of a one-time achievement, you must meet three of the criteria outlined below by presenting evidence of:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Membership in associations in the field which demand outstanding achievement of their members
- Published material about you in professional or major trade publications or other major media
- You having been asked to judge the work of others, either individually or on a panel
- Your original scientific, scholarly, artistic, athletic or business-related contributions of major significance to the field
- Authorship of scholarly articles in professional or major trade publications or other major media
- Artistic exhibitions or showcases displaying your work
- Your performance in a leading or critical role in distinguished organizations
- You having commanded a high salary or other significantly high remuneration in relation to others in the field
- Commercial success in the performing arts
Additionally, you must provide evidence illustrating that you will continue to work in the area of your expertise. You need not have an offer of employment or labor certification.
How does an outstanding professor and/or researcher get an EB-1 immigrant visa?
To qualify for this visa, you must:
- Demonstrate international recognition for your outstanding achievements in a particular academic field
- Have at least three years of experience in teaching or research in that academic area
- Be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education or private employer
Furthermore, you must satisfy two of the following criteria by providing evidence of:
- Receipt of major prizes or awards for outstanding achievement
- Membership in associations that require their members to demonstrate outstanding achievement
- Published materials in professional publications written by others about the noncitizen’s work in the academic field
- Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
- Original scientific or scholarly research contributions in the field
- Authorship of scholarly books or articles in the field
How do multinational managers or executives obtain EB-1 immigrant visas?
If you are already working for a U.S. petitioning employer, you must have been employed outside the U.S. for at least one year in the three years preceding the petition or the most recent lawful immigrant admission. In addition, your petitioning employer must be a U.S. employer who has been doing business in the U.S. for at least one year, as a legal entity with a qualifying relationship to the entity that employed you abroad and intend to employ you in a managerial or executive capacity. However, you need not have a labor certification.
Call an employment immigration lawyer today if you have any further questions or would like to begin your EB-1 immigrant visa application.
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