The EB-1 visa is an employment-based immigration program offering permanent residence in the United States to individuals of extraordinary ability, outstanding professors and researchers, and multinational executives and managers. In this blog post, we will discuss the eligibility requirements for the EB-1 visa, the application process, and the advantages of obtaining an EB-1 visa.
Employment-Based Immigration: First Preference EB-1 Visa
To qualify for the EB-1 visa, applicants must demonstrate high achievement in their respective field. Individuals of extraordinary ability must demonstrate sustained international acclaim for their ability in the sciences, arts, education, business, or athletics. Outstanding professors and researchers must show international recognition for their accomplishments in their field. Multinational executives and managers must have worked for the same employer for at least one year in the past three years prior to filing for the visa.
Furthermore, applicants for the EB-1 visa must demonstrate that their level of expertise is significantly above that ordinarily encountered in their field. The spouse and unmarried children of an EB-1 visa holder may be eligible for an EB-1 derivative visa, allowing them to live and work in the United States.
Criteria for Demonstrating Extraordinary Ability
In order to qualify for this visa, applicants must demonstrate sustained national or international acclaim in their chosen field. This can be done in a number of ways, such as possessing an internationally recognized award or prize of excellence, having an educational degree from an accredited college or university, having a high salary or other remuneration for services, and demonstrating a record of extraordinary success in a business or industry.
In addition, applicants must show that their achievements have been acknowledged by experts in their field. This can be accomplished by submitting documents such as letters of recommendation from employers, colleagues or clients, or evidence of membership in professional associations. To ensure that your application is successful, it is important to provide sufficient evidence that you meet all of the requirements for the EB-1 visa.
Examples of Documentary Evidence That a Person is an Outstanding Professor or Researcher
In order to qualify for EB-1B visa for Outstanding Professors and Researchers, you must demonstrate your extraordinary capabilities and accomplishments. This could include a variety of evidence such as publications in respected, peer-reviewed academic journals, invitations to present research at prestigious conferences, receipt of research grants from well-regarded institutions, awards or prizes recognizing the individual’s research contributions, letters of recommendation from respected academics in the field, endorsements from colleagues or peers in the field, memberships to professional organizations, participation in editorial boards of respected academic journals, invitations to judge prestigious academic competitions, being the primary instructor for courses at respected educational institutions, and consulting work for respected organizations in the field.
EB-1 Application Process
The first step in applying for the EB-1 visa is to gather all of the necessary supporting documents. This includes evidence of extraordinary ability or evidence of your job as a multinational executive/manager. Additionally, a detailed petition letter must be prepared that explains why you are eligible for the visa and why you should be granted approval.
After you have gathered all of the required documents and prepared the petition letter, you or your employer can submit Form I-140, Immigrant Petition for Alien Workers and supporting documents to the United States Citizenship and Immigration Services (USCIS). Once the USCIS has received your application, you will need to wait for a decision on your application.
Requirements for an Alien of Extraordinary Ability (EB-1A)
To qualify for the EB-1A visa, an applicant must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. This includes a one-time achievement such as an Oscar or Nobel Prize, or three of the following criteria: documentation of at least 10 years of full-time experience in the field, receipt of lesser nationally or internationally recognized prizes or awards for excellence, membership in associations that require outstanding achievements of their members, published material in professional or major trade publications or other major media about the applicant and their work, participation as a judge of the work of others in the same or allied field, evidence of a high salary or other remuneration for services, evidence of commercial successes in the performing arts.
Requirements for an Outstanding Professor or Researcher (EB-1B)
The EB-1B visa is an excellent option for those who have achieved an international level of expertise in the academic field. In order to meet the requirements of an Outstanding Professor or Researcher, applicants must have at least three years of teaching or research experience in the academic field and have received a major, internationally recognized award, such as a Nobel Prize or Pulitzer. Additionally, applicants must provide documented evidence of published material in the academic field as well as documented evidence of their work being cited by other experts.
If you can meet these requirements, you may also be eligible for an EB-1B visa if you have a job offer from a U.S. institution of higher education or a related or affiliated research center. Furthermore, it is essential that applicants be able to demonstrate that they have achieved international acclaim and recognition for their work in the academic field.
Requirements for Certain Multinational Managers or Executives (EB-1C)
The EB-1C classification is for executives and managers of foreign companies who are being transferred to the same or a related company in the US. To qualify, the individual must have been employed outside the US in a managerial or executive capacity for at least one of the three years prior to filing the petition, or in the case of a foreign worker currently in the US, one of the three years prior to entering the US as a nonimmigrant. The employment must have been with the same employer, an affiliate, or a subsidiary of the employer. Additionally, the US employer must have been doing business in the US for at least one year. Click here