Employment-Based Immigration: First Preference EB-1

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Who is eligible for EB-1?

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability (EB-1(a)), are an outstanding professor or researcher (EB-1(b)), or are a multinational executive or manager (EB-1(c)). Each occupational category has certain requirements that must be met.

Extraordinary Ability EB-1(a)

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.

  • Evidence: You must meet at least 3 of 10 criteria described by the regulations, or provide evidence of a one-time extraordinary achievement (i.e., Pulitzer, Oscar, Olympic Medal)

Outstanding professors and researchers EB-1(b)

You must demonstrate international recognition for your outstanding achievements in a particular academic field. You need to have at least 3 years’ experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education

  • Evidence: You need to include documentation of at least two of the six criteria listed by the regulations and an offer of employment from the prospective U.S. employer.

Multinational manager or executive EB-1(c)

For this category, you need to have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

  • Evidence: Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

What are the benefits of EB-1

First for those who qualify for EB-1 petition, you do not need to apply for Labor Certification in the process of applying green card. This is the most important benefit because applying for Labor Certification is a very time consuming and high standard process that seeks to determine whether sufficient able, willing, and qualified U.S. worker are available to fill the position sought by the alien.

Second visa numbers for the EB-1 category are current. Considering the possible EB-5 visa retrogression next year, EB-1 visa category will be one of the alternatives for business people and extraordinary persons outside of U.S. to obtain permanent residence status.

Third, the applicant can file other immigration petitions under other appropriate categories (such as National Interest Waiver) while an EB-1 petition is pending.

If you are interested in EB-1 immigration, please contact us. The experienced attorneys at Lei Jiang Law Firm have the knowledge, resources, and capability to help you with your EB-1 petition. Our initial consultation is free.

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