EB-1

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EB-1a: Aliens of Extraordinary Ability

WHO CAN APPLY?

The EB-1a visa category is reserved for aliens who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

REQUIREMENTS:

An EB-1a visa applicant does not need an offer of employment. This applicant must either provide evidence of a one-time achievement (a major, internationally recognized award such as a Pulitzer, Oscar, Olympic Medal) or meet at least three (3) of the following criteria:
  • 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 (NOTE: the applicant must be able to demonstrate that it is a major media outlet with a large audience/readership);
  • Evidence that you have been asked to judge the work of others, either individually or on a panel (NOTE: the applicant must be able to demonstrate that he/she was not only asked to judge the work of others, such as peer-reviewing a manuscript for publication in a scientific journal, but the applicant must also demonstrate that he/she actually completed the work);
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field (NOTE: objective evidence indicating the significance of the applicant’s work is important. This can include letters of recommendation from independent experts who do not know and have not worked with the applicant, evidence that the applicant’s work has been or will be commercialized, and/or an extensive citation record, etc.);
  • 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.

DOCUMENTATION:

The applicant files USCIS Form I-140, Petition for Alien Worker. The applicant must also provide physical documentation supporting at least three (3) of the above criteria to demonstrate extraordinary ability. This documentation can include, but is not limited to, letters of recommendation from experts in the applicant’s field of research, photographs of awards, certificates of awards or membership in professional organizations, copies of the applicant’s research papers, copies of the applicant’s patents or patent applications, the applicant’s citation record from websites such as Google Scholar, copies of news articles discussing the applicant’s research contributions, emails from journal editors inviting the applicant to peer-review a manuscript and confirming receipt of the review, and/or tax returns to demonstrate a high salary in the field.

EB-1b: Outstanding Researchers and Professors

WHO CAN APPLY?

Here, the employer must petition for the alien to obtain the EB-1b visa. The EB-1b visa category is reserved for aliens with at least 3 years of experience in teaching or research in a particular academic field in which the alien can demonstrate international recognition for outstanding achievements.

REQUIREMENTS:

An EB-1b visa applicant must be entering the United States in order to pursue tenure or tenure-track teaching or a comparable research position at a university or other institution of higher education. This applicant must have an offer of employment from a prospective U.S. employer and meet at least two (2) of the following criteria:
  • 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 membership in associations that require their members to demonstrate outstanding achievement;
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field (NOTE: the applicant must be able to demonstrate that he/she was not only asked to judge the work of others but that he/she also completed the work);
  • 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.

DOCUMENTATION:

The employer files USCIS Form I-140, Petition for Alien Worker. The applicant must also provide physical documentation supporting at least two (2) of the above criteria. This documentation can include, but is not limited to, letters of recommendation from experts in the applicant’s field of research, photographs of awards, certificates of awards or membership in professional organizations, copies of the applicant’s research papers, copies of the applicant’s patents or patent applications, the applicant’s citation record from websites such as Google Scholar, copies of news articles discussing the applicant’s research contributions, and/or emails from journal editors inviting the applicant to peer-review a manuscript and confirming receipt of the review.

EB-1c: Multinational Managers or Executives

WHO CAN APPLY?

Here, the employer must petition for the alien to obtain the EB-1c visa. This category is reserved for aliens who have been employed outside of the United States for at least three (3) years preceding the application and employed by a firm or corporation which the applicant intends to continue working for in the United States for at least one (1) year in a managerial or executive capacity with that same employer, an affiliate, or a subsidiary of the employer.

REQUIREMENTS:

The petitioning employer must be a U.S. employer who has been doing business for at least 1 year. The alien must demonstrate their three (3) years of employment outside the United States prior to the application and their one (1) year of employment in a managerial or executive capacity with the same employer, affiliate, or subsidiary of the employer. (NOTE: A managerial or executive capacity is considered to be a position in which the alien directs the management of the organization or a major component or function of the organization; establishes the goals and policies of the organization, component, or function; exercises wide latitude in discretionary decision-making; and receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization).

DOCUMENTATION:

The employer files USCIS Form I-140, Petition for Alien Worker. The applicant must also provide physical documentation demonstrating their years of employment experience outside the United States and with the petitioning employer or one of its affiliates or subsidiaries. This documentation can include, but is not limited to, the applicant’s resume or curriculum vitae and letters from the applicant’s employer(s) confirming applicant’s employment, position in the firm or corporation, and employment dates.
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