You may be eligible for a permanent residence (green card) under the First Preference Immigration Petition (EB-1) visa category if: 1) you have an extraordinary ability, 2) are an outstanding professor/outstanding researcher, or 3) are a multinational executive or manager.
The beauty of this category is in the lack of a Labor Certification requirement which translates in lower costs and quicker processing times. In addition, the almost perpetual currency of visa numbers means speedier adjustment of status and receipt of the green card.
Each of these three occupational sub-groups have certain requirements that must be met:
1) Extraordinary Ability Sub-Group (EB-1A):
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.
Eligibility Criteria for Demonstrating Extraordinary Ability:
You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:
Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
Evidence of your membership in associations in the field which demand outstanding achievement of their members
Evidence of published material about you in professional or major trade publications or other major media
Evidence that you have been asked to judge the work of others, either individually or on a panel
Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence of your performance of a leading or critical role in distinguished organizations
Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
Evidence of your commercial successes in the performing arts
Extraordinary Ability: You may petition for yourself by filing a Form I-140, Petition for Alien Worker.
2) Outstanding Professors/Outstanding Researchers Sub-Group (EB-1B):
You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
Eligibility Criteria for Outstanding Professors and Researchers:
You must include documentation of at least two listed below** and an offer of :
** Examples of Documentary Evidence That A Person is an Outstanding Professor Or Researcher
Evidence of receipt of major prizes or awards for outstanding achievement
Evidence of membership in associations that require their members to demonstrate outstanding achievement
Evidence of published material in professional publications written by others about the alien’s work in the academic field
Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
Evidence of original scientific or scholarly research contributions in the field
Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
Outstanding Professors and Researchers: Your employer must file a Form I-140, Petition for Alien Worker, and offer a permanent position.
3) Multinational Manager or Executive Tranferee Sub-Group (EB-1C):
You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
Eligibility Criteria for Multinational Manager or Executive:
Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.
Multinational Manager or Executive: Your employer must file USCIS Form I-140, Petition for Alien Worker, and offer a permanent position.
The Law Offices of Rose H. Robbins represents clients all over the United States and all over the world. Please call us at: (954) 946-8130 to schedule your free telephone consultation. This is a FREE consultation and you will not be charged for this call.
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Disclaimer : The information provided at this site is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Offices of Rose H. Robbins or establish an attorney-client relationship.