The EB-1 first employment preference category recognizes the economic and scientific growth opportunities brought to the United States by highly-skilled immigrants and thus reserves 40,000 immigrant visas per year for the most able and accomplished individuals under the EB-1 category. Qualifying individuals receive a number of advantages under the EB-1 category such as the ability to self-petition, obtain permanent residency without a labor certification, and obtain permanent residency faster than other immigrant workers. The EB-1 classification is split into three subcategories which include individuals of extraordinary ability (EB-1A), outstanding researchers and professors (EB-1B), and multinational executives and managers (EB-1C). In an EB-1A petition, a permanent job offer is not required, and an alien may petition for immigration benefits by himself/herself. However, in an EB-1B and EB-1C petitions, a permanent job offer is required, meaning, a U.S. employer must file as the petitioner on behalf the EB-1B or EB-1C immigrant. A qualifying individual must establish that he or she is distinguished in his or her field by providing documentary evidence such as, but not limited to;
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
- Membership of associations that require outstanding achievements from their members.
- Published material in professional trade publications or major media about the immigrant relating to the immigrant’s work.
- Original scientific, scholarly, or artistic contributions of major significance.
- Artistic exhibitions/shows.
- Leading role within an organization/establishment with a distinguished reputation.
- Commercial success within the performing arts, as shown by either box office receipt figures or cassette, compact disk, video, or DVD sales figures.
- International recognition for being outstanding in a specific academic field.
- At least three years of relevant research or teaching experience.
- A job offer for a permanent research position or teaching position.
- The immigrant must seek to be employed by a company in a managerial or executive capacity.
- The immigrant must have worked for that same company (or its affiliate or subsidiary) for at least one year in the last three years and the one year of qualifying work must have been outside of the United States.
Retaining an immigration attorney who has experience with the immigration procedures for high priority immigrants is recommended as demonstrating that an individual qualifies under the EB-1 category requires substantial documentation. For guidance on qualifying for the EB-1 category and the filing process, please contact Rahbaran & Associates. We can represent you to ensure that your qualifications and accomplishments are clearly reflected in your EB-1 petition and satisfy the visa’s regulatory standards.