EB -1 Visa: Multinational Executives, Researchers, Persons of Extraordinary Ability
The EB-1 category is for individuals who intend to immigrate permanently to the United States who possess extraordinary ability in the sciences, arts, education, business, or athletics. The immigrant must provide extensive documentation in order to demonstrate sustained national or international recognition in their field.
Executives and managers may apply under this category providing that they have been employed for at least one year prior to the filing of the petition by the affiliate, parent, or subsidiary of the U.S. employer in a managerial or executive capacity. These applicants must be entering the U.S. with the intent to work in a managerial or executive position only.
Outstanding professors and researchers with at least three years experience in teaching and/or research in their field, and who are recognized internationally for their outstanding achievements, may also apply under this category.
EB-1 applicants do not need a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Such applicants may file petitions with the U.S. Citizenship and Immigration Services (USCIS), rather than through an employer. EB-1 applicants are not required to obtain a labor certification.
Extraordinary Ability Requirement
Foreign nationals with extraordinary ability are those with demonstrated and sustained national or international acclaim and whose achievements have been recognized with extensive supporting documentation. To qualify for this requirement, you must be one of a small percentage who have risen to the very top your field. For example, if you receive a major internationally recognized award such as a Nobel Prize, you will qualify for an EB-1 classification.
ther awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative, comparable evidence is permitted. Here are some examples:
- Receipt of nationally or internationally recognized prizes or awards for excellence
- Membership in associations which demand outstanding achievement of their members
- Published material about the alien in professional or major trade publications
- Evidence that the alien has judged the work of others
- Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of the alien's authorship of scholarly articles in professional or major trade publications
- Evidence that the alien's work has been displayed at artistic exhibitions or showcases
- Performance of a leading or critical role in distinguished organizations
- Evidence that the alien commands a relatively high salary or other significantly high remuneration within their field
- Evidence of commercial successes in the performing arts
Professors and Researchers
Outstanding professors and researchers are those who are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that particular academic area. They should be entering the United States in a teaching or comparable research position at a university or other academic institution. If the employer is a private company rather that a university or educational institution, the private employer must employ at least three persons full-time in research activities and have achieved documented accomplishments in an academic field.
Evidence that the professor or researcher is recognized as outstanding in the academic field must include the same documentation listed above. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the U.S. Citizenship and Immigration Services (USCIS).
Multinational Executives and Managers
Some executives and managers of foreign companies who are transferred to the U.S. may qualify for an EB-1 green card visa. A multinational manager or executive is eligible for priority worker status if they have been employed outside the U.S. for at least one year and seek to enter the U.S. to continue working in a managerial or executive capacity. The employment must have been outside the U.S. at a managerial or executive level and with the same employer.
The petitioner must be a U.S. employer doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm that employed the foreign national abroad. No labor certification is required for the EB-1 visa classification, but the prospective employer must provide a job offer and file a petition with the USCIS.
EB-1 Application Procedures
A USCIS form I-140 must be filed at the USCIS Service Center that has jurisdiction over the place where the individual will work. The petition must include the required documentary evidence and should follow the specific filing guidelines of the Service Center. No labor certification is needed for EB-1 petitions and the EB-1 Visa is eligible for Premium Processing.
The Hamideh Firm has a track record for successfully filing EB petitions for business executives, researchers, and professors and we are available to provide you or your employer with more information on required forms, filing fees, and filing locations.
Please contact us to start your immigration application now.