Employment Based Immigration- First Preference Category (EB-1) FAQs
How would I know if I qualify for the EB-1 “Extraordinary Ability” classification for permanent residency?
Does my field involve the sciences, art, education, business or athletics?
Have I received sustained national or international acclaim? (Receipt of a major one-time achievement award (such as a Nobel Prize, Olympic Gold Medal, Academy Award)
Or at least three of the following:
- Receipt of lesser nationally/internationally recognized prizes/awards for excellence in your field;
- Membership in associations in your field which requires outstanding achievements in your field as judged by recognized experts in your field;
- Evidence of published material about you in professional or major trade publications or other major media;
- Participation as a judge (either individually or on a panel) of others in your field;
- Major original contributions to your field;
- Authorship of scholarly articles in your field published in major publications;
- Display of your work in exhibitions or showcases;
- Playing critical role for distinguished organizations;
- Commanded very high salary compared to others in your field;
- Commercial success in the performing arts.
Am I entering the United States to continue working in my area of extraordinary ability?
Will my entry into the United States substantially benefit the country?
Who can file a petition to classify someone as an alien of extraordinary ability?
An alien or any person on behalf of the alien may file an I-140 visa petition for classification as an alien of extraordinary ability in the sciences, arts, education, business, or athletics.
Is a job offer in the United States required for the Alien of Extraordinary Ability category?
What does “Extraordinary Ability” mean?
How does one prove “Extraordinary Ability”?
How difficult is it to get an approval as an Alien of Extraordinary Ability?
What is the difference between O-1 and EB-1 Extraordinary Ability?
Who can file a petition to classify someone as an “Outstanding Professor or Researcher”?
In regard to “Outstanding Professors and Researchers”, what is the definition of Academic field?
How does one prove “Outstanding Professor or Researcher”?
In addition, petition should also include an offer of employment from a prospective United States employer.
Who can provide the “Offer of employment” for an Outstanding Professor or Researcher” petition?
- A United States University or Institution of higher learning offering the alien a tenured or tenure-track teaching position in the alien’s academic field;
- A United States University or Institution of higher learning offering the alien a permanent research position in the alien’s academic field;
(Permanent, in reference to a research position, means either tenured, tenure track, or a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is a good cause for termination)
- A department, division, or institute of a private employer offering the alien a permanent research position in the alien’s academic field. The department, division, or institute must demonstrate that it employs at least three full-time research positions, and that it has achieved documented accomplishments in the academic field.
For the purposes of EB-1 Multinational Executive or Manager, what is essential to show qualifying relationship between Parent Company and Affiliates or Subsidiaries?
The immigration regulations define “Affiliate” as follows:
- One of two subsidiaries which are both owned and controlled by the same parent or individual;
- One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity;
How is “Executive Capacity” defined?
Alien employees working in an “Executive Capacity” should be able to prove that they will primarily:
- Direct the management of the organization or major component of function of the organization;
- Establish the goals and policies of the organization, component, or function;
- Exercise wide latitude in discretionary decision-making; and
- Receive only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
How is “Managerial Capacity” defined?
Alien employees working in a “Managerial Capacity” should be able to prove that they will primarily:br />
- Manage the organization, or a department, subdivision, function, or component of the organization;
- Supervise and control the work of other supervisory, professional, or managerial employees, or manage essential function within the organization, or a department or subdivision of the organization;
- If another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization), or, if no other employee is directly supervised, functions at a senior level within the organization hierarchy or with respect to the function managed; and
- Exercise direction over the day-to-day operations of the activity or functions for which the employee has authority.
Who can provide the “Offer of employment” for a multinational executive or manager?