You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, or, you are an outstanding professor or researcher, or, you are a multinational executive or manager. Each occupational category has certain requirements that must be met.
There are three types of EB-1 petitions:
In an EB-1 petition, Labor Certification is not required at all. Furthermore, for aliens with extraordinary ability a permanent job offer is not required, applicants don’t have to demonstrate that they have an employer in the US; they only have to demonstrate that they will keep working in the field in which they have the extraordinary abilities.
EB-1A applicants may file for immigration petition on behalf of themselves. However, EB-1B and EB-1C petitions require job offers. In other words, a U.S. employer must be the petitioner for EB1B or EB1C cases.
This classification applies to aliens who can demonstrate that they have risen to the very top of their field or endeavor.” Such candidates may apply for EB1A petition without a labor certification or a job offer (i.e. an employer’s sponsorship).
To qualify, you must be able to demonstrate:
To establish that the alien is a top member within his/her respective field, evidence of receipt of an internationally recognized award such as the Nobel Prize or an Academy Award is accepted. However, in the absence of an internationally recognized award, the alien can establish him/herself as an Alien of Extraordinary Ability by providing documentation of any three (3) of the following ten (10) criteria:
This classification is for those who can demonstrate international recognition for their outstanding achievements in a particular academic field. Unlike self-petitioned EB-1A cases, EB-1B cases are employer sponsored. This means the petitioning employer must demonstrate that the alien has outstanding ability as a researcher or professor and has a permanent job offer from the employer.
There are three (3) main requirements for someone seeking a petition as an “Outstanding Researcher/Professor”, including:
To be recognized internationally as an Outstanding Researcher or Professor in one’s field requires at least two (2) of the following types of evidence:
Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
The Multinational Managerial or Executive EB-1C petition allows international companies to transfer top-level executives and managers to the U.S. as permanent residents.
Requirements for the EB-1C U.S., Employer
The following requirements must be satisfied by the employing company and employees:
Requirements for the EB-1C Employee
The EB-1C candidate must have been employed for one year within the past three years by the overseas affiliate, parent, subsidiary or branch of the U.S. employer and they must work in the United States in a managerial or executive capacity.
The employing company when petitioning for a Multinational Manager must satisfy the following requirements:
The employing company when petitioning for a Multinational Executive must satisfy the following requirements:
The EB-1C visa is a good way for businesses or start-up companies to further expand their business in the United States. This is because the foreign company will be able to transfer a key manager or executive to U.S. to manage the day-to-day operation of the business without any minimum investment requirement or any application for labor certification.
For more information, please contact Eikon Law to speak to an expert immigration lawyer.
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