The individuals who are eligible for a green card in the EB 1 category include those in managerial or executive roles who are multinational, researchers or professors who are internationally recognized and those who have shown exemplary skill and ability in the areas of the arts, sciences, business, athletics or education. Let’s take a closer look at each of these categories.
Multinational Managers and Executives
In this area, the petitioner must be engaged in business for a year at the least and must be a U.S. employer that is a subsidiary, an affiliate or the same employer as the legal entity that employed the person in an executive or managerial position abroad.
An executive of manager is allowed to petition for an EB 1 green card if the person has been engaged in work for three years prior to the application and employed for a year at the very least by a corporation or firm outside the US. They must be seeking to come into the United States to serve in the same area to that same company. It’s important that prior to entering the U.S. that the employment was outside the nation and in the areas of either serving as an executive or a manager. They must have worked for the identical employer or an affiliate or a subsidiary of the organization for which the applicant wants to work.
Researchers and Professors Recognized Internationally
You may qualify for an EB 1 visa in the area of researcher or as a professor if you’ve been recognized internationally for success or achievements on an elevated level in an academic field. They must possess a teaching or research record of three years at the very least in their academic discipline and come to the U.S. in a comparable position at an institution of higher education in a tenure or tenure-track position. The employer may be a private or independent organization that employs a minimum of three people involved in full-time research and have verified success in an academic area. Evidence regarding the researcher’s or professor’s achievements must be offered.
Those of Extraordinary Ability
In the area of ability of an extraordinary nature, this designation may be earned for the EB 1 applicant in two ways. If the applicant has received an award that is of international note, they may qualify for the visa. The applicant may also qualify if they meet one-third, that is three of the 10, criteria listed below.
- The applicant has been given in their area or field an internationally or nationally documented award of lesser value for achievement. Examples include a fellowship in areas of medicine or the medical field, Fulbright Fellowship or a special award such as the Caldecott Medal.
- Associated connections in organizations, such as memberships, in their field that stipulate they only accept people of “outstanding achievement.”
- Information, data or other material about the applicant that has been disseminated in major media or trade publications.
- If the applicant has been on a panel serving in the capacity as an evaluator or judge of others in your field such as being a member of a team that’s engaged in peer assessment of a scientific article or working as part of a review committee for a dissertation or thesis.
- Accomplishments in the area of a primary nature that is related to various areas, including scholarly, athletic, business or artistic.
- Creating academic writings in your field that have been published or presented in juried journals or conferences or in major trade journal or distributed through major media.
- Showcased or exhibited works.
- Being a crucial or critical participant in the workings of an organization that possess distinguished reputations.
- Earning elevated compensation within your field.
- Recognized commercial achievement in performance areas such as acting, music and more.
Often the application for an EB-1 green card involves building a very strong case regarding the applicant’s credentials and international status. As an immigration lawyer, I focus on ensuring each of my clients is able to make the best case possible in their attempt to secure an EB 1 visa.
For more information please also see this page: EB-1 Extraordinary Ability, I-140 Petition for Doctors
Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at firstname.lastname@example.org or at 415-986-6186 if you have any questions regarding EB 1 visas or immigration.
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