Employment-Based Immigrant Visas
EB-1 Priority Workers
ELIGIBILITY
Aliens with Extraordinary Ability Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you may qualify for an EB-1 classification. Other 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 evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:
Applicants are not required to hold 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 can file their own petition with the USCIS, rather than through an employer. Processing Time Approximately 6 (six) to 12 (twelve) months. Outstanding Professors and Researchers Outstanding professors and researchers 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 academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education. If the employer is a private company rather that a university or educational institution, the department, division, or institute of 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 documentation of at least two of the following:
No labor certification is required for this category, but the prospective employer must provide a job offer and file a petition with the USCIS. Processing Time Approximately 8 (eight) to 12 (twelve) months. Multinational Managers or Executives A multinational manager or executive of a foreign company is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S to continue service to that firm or organization. The 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. 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, corporation or other legal entity that employed the foreign national abroad. No labor certification is required for this category, but the prospective employer must provide a job offer and file a petition with the USCIS. Processing Time Approximately 8 (eight) to 12 (twelve) months. To schedule a consultation for case specific advice, please call us at 253-838-5444 during our regular office hours, Monday to Friday 8 a.m. to 8 p.m. and Saturday 9 a.m. to 4 p.m. PST, or request a consultation by e-mail us using the link below. Our goal is to be just as convenient to work with whether we are located next door or around the world. |