IMMIGRATION

Labor Petitions – EB1 Visa

An EB1 visa is considered a first preference visa, based on employment, if you are a foreign national with a extraordinary aptitude, you are an outstanding professor or researcher, or an executive or manager of a multinational. Each category has certain requirements that must be met:

Extraordinary Aptitude . You have to be able to demonstrate that you have some extraordinary aptitude in the sciences, arts, education, business or sports through continuous national or international recognition.

Must meet at least three of the following criteria:

  • Proof that you received less recognized national or international awards or accolades for excellence.
  • Proof of your membership in associations in your field that require their members to achieve outstanding achievements.
  • Evidence of materials published about you in professional publications or major trade publications or other major media outlets.
  • Proof that you have been asked to judge other people’s work, either individually or as part of a panel.
  • Proof of your scientific, artistic, academic, sports or business contributions of notable importance in your field.
  • Proof of authorship of scholarly articles that have appeared in professional or major trade publications or other major media outlets.
  • Proof that your work has been exhibited in exhibitions or art shows.
  • Proof of your performance in a leading or critical role in distinguished organizations.
  • Proof that you have a high salary or some other remarkably high compensation compared to others in your field.
  • Proof of your commercial successes in the performing arts.

Outstanding professors and researchers . You have to show that you have earned international recognition with your outstanding achievements in a particular academic field. You must have at least three years of experience in teaching or research in that academic area. The reason for entering the United States must be to seek a tenure or tenure, or a similar research position at a university, institution of higher education, or private employer.

Must meet at least two of the following six criteria:

  • Proof that you have received significant awards or accolades for outstanding achievements.
  • Proof of your membership in associations that require their members to achieve outstanding achievements.
  • Evidence of material published in professional publications written by others about foreign work in the academic field.
  • Proof of your participation, either on a panel or individually, as a judge of the work of others in the same academic field or in a related field.
  • Proof of original scientific or academic research contributions in your field.
  • Proof of authorship of academic books or articles (in academic publications of international circulation) in your field.

Executive or manager of a multinational company. You must have been employed outside of the United States for at least one year of the three years prior to the petition or the most recent legal admission of a nonimmigrant if you already work for the petitioning US employer. The U.S. petitioner must have been in business for at least one year, have a qualified relationship with the entity for which you worked outside the United States, and intend to employ you at the managerial or executive level.

For EB-1 Visa family members as long as your I-140 petition has been approved, your spouse and Unmarried children under the age of 21 may be eligible to apply to the United States with E-14 or E-15 immigrant status, respectively.

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