EMPLOYMENT-BASED IMMIGRATION: FIRST PREFERENCE EB-1

 You might qualify for a first-preference employment-based visa if you possess extraordinary ability as a noncitizen, are recognized as an outstanding professor or researcher, or hold a specific multinational executive or managerial position. Each occupational category entails specific eligibility criteria that must be fulfilled: 

Extraordinary Ability

· You need to showcase exceptional expertise in the fields of sciences, arts, education, business, or athletics, substantiated by consistent national or international recognition. 

· You must satisfy a minimum of three out of the ten criteria* listed below, or present proof of a singular significant achievement (such as a Pulitzer, Oscar, or Olympic Medal), along with evidence indicating your ongoing commitment to work in your specialized field. There is no necessity for a job offer or labor certification. 

Criteria for Demonstrating Extraordinary Ability

To exhibit sustained national or international recognition and acknowledgment of your accomplishments in your field, you must provide evidence of either a significant, globally-recognized award (a one-time achievement), or fulfill three out of the ten specified criteria below (or present equivalent evidence if any criteria are not directly applicable): 

· 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.

· Evidence that you have been asked to judge the work of others, either individually or on a panel.

· Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.

· 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.

Outstanding professors and researchers

You are required to exhibit global acknowledgment for your exceptional accomplishments within a specific academic discipline. You must possess a minimum of three years of experience in teaching or conducting research in that academic domain. Your intention upon entering the United States should be to pursue a tenure or tenure-track teaching role or a comparable research position at a university, institution of higher education, or private employer. 

You are required to fulfill a minimum of two out of the six criteria outlined below** and present a job offer from the prospective employer in the United States. The private employer must demonstrate documented achievements and must have a workforce consisting of at least three full-time researchers. Labor certification is not mandatory. 

Examples of Documentary Evidence That a Person is an Outstanding Professor or Researcher

In order to demonstrate you are an outstanding professor or researcher, you must include evidence of 2 of the 6 listed criteria below (or comparable evidence if any of the criteria do not readily apply):

· 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 published material in professional publications written by others about the noncitizen's work in the academic field

· Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field

· 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

Certain Multinational manager or executive 

You should have been engaged in employment outside the United States for a minimum of one year within the three years preceding the petition filing or your most recent lawful nonimmigrant entry if you are already employed by the U.S. petitioning employer. The U.S. petitioner must have conducted business operations for at least one year, maintain a qualifying association with the entity where you were employed outside the U.S., and have the intention to employ you in a managerial or executive role. 

Your sponsoring employer must be based in the United States and have the intention to hire you for a managerial or executive position. The petitioner should have been engaged in business activities within the U.S. for a minimum of one year, operating as a legal entity with a qualifying connection to the entity that employed you abroad in a managerial or executive role. Labor certification is not obligatory. 

National Interest Waiver. 

Individuals pursuing a national interest waiver are petitioning for the exemption of the job offer, and consequently the labor certification, based on the interest of the United States. The activities eligible for a national interest waiver are not explicitly outlined by law; rather, USCIS evaluates the following three factors.** Individuals seeking a national interest waiver have the option to file a petition on their own behalf (without requiring an employer to sponsor them). 

** Factors USCIS Considers for National Interest Waiver

• The proposed endeavor has both substantial merit and national importance.
• You are well positioned to advance the proposed endeavor.
• On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification. 

Family of EB-1 Visa Holders

Upon approval of your I-140 petition, your spouse and unmarried children under the age of 21 may qualify to apply for admission to the United States in E-14 and E-15 immigrant status, respectively. 

This is for information purpose only. If you feel you qualify under this section, please contact us and we will be more than happy to discuss your case.