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EB-1 Visa for Priority Workers (Multinational Executives, Outstanding Researchers, Extraordinary Ability)
EB-1 Visa for Priority Workers
(Multinational Executives, Outstanding Researchers, Extraordinary Ability)
You may be eligible for an employment-based visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. Each occupational category has certain requirements that must be met.
Classification and Evidences
Classification and Evidences
Extraordinary Ability
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required. You must meet 3 of 10 criteria, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
Outstanding professors and researchers
You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure in track teaching or comparable research position at a university or other institution of higher education. You must include documentation and an offer of employment from the prospective U.S. employer.
Multinational manager or executive
You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your 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. Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.
Source: uscis.gov
Our immigration attorneys have extensive experience in immigration law and can guarantee you competent and effective legal representation in pursuing your lawful permanent residence. Schedule an appointment online (in person or phone call consultations) to learn more about how you can permanently live and work in the United States and eventually become a U.S. citizen.
Questions
For any further questions you can contact our office by scheduling an appointment with us.
Blog Posts
Blog Posts
In the landscape of U.S. immigration law, the pursuit of an employment-based green card can be a significant milestone for foreign nationals aspiring to establish their careers in the United States. Among the various pathways available, self-sponsorship for an employment-based green card stands out as an option that grants individuals the ability to sponsor their own immigration journey, offering a unique opportunity for skilled professionals and entrepreneurs. Traditionally, most employment-based green card categories require an employer to sponsor the foreign national, demonstrating the need for their skills or expertise. However, certain visa categories permit self-sponsorship, allowing individuals to petition for permanent residency without a specific employer's sponsorship. These include: 1. EB-1A Extraordinary Ability: Individuals with extraordinary abilities in the sciences, arts, education, business, or athletics may self-petition for an employment-based green card. They must demonstrate sustained national or international acclaim, providing extensive evidence of their achievements in their field. 2. EB-2 National Interest Waiver (NIW): This category enables individuals whose work is deemed to be in the interest of the United States to self-sponsor. Applicants must demonstrate their work's significance and how it benefits the nation as a whole. 3. EB-5 Immigrant Investor Program: Entrepreneurs investing in a new commercial enterprise that creates jobs for U.S. workers can self-petition for an employment-based green card. They must meet certain investment thresholds and fulfill job creation requirements. While these classifications have the advantage of allowing an individual to self-petition, each of these applications have distinct, stringent requirements to meet. This route can be challenging, requiring substantial evidence and a compelling case to prove extraordinary abilities or qualifications. Additionally, meeting the high standards set by USCIS for self-sponsorship can be demanding, necessitating thorough preparation and documentation. Navigating the complexities of immigration law, especially concerning self-sponsorship, often requires professional legal guidance. Seeking assistance from experienced immigration attorneys or consultants can significantly enhance the chances of a successful self-sponsored green card application, ensuring compliance with the intricate regulations and requirements. If you have any questions about what this means for you, please schedule a consultation with one of our experienced attorneys. We look forward to working with you.
Several of our clients seeking the EB-1A visa are extraordinary in their field - whether it be in cinematography, engineering, marketing, journalism, art directors, athletes, and more. What makes EB-1A cases so extraordinary is that USCIS requires the applicant to demonstrate they meet at least 3 of 10 criteria as required by USCIS. For candidates who are among the top and are able to demonstrate their extraordinary ability in their given field, this may be an ideal option for you to pursue as there is a pathway to a green card.
Great news for our EB-2 NIW clients! USCIS continues to expand on premium processing for petitioners with a pending I-140, Immigrant Petition for Alien Workers under the EB-2 and EB-2 classifications. This third phase only applies to previously filed Form I-140 petitions under the E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). Clients who are eligible for a premium processing upgrade as of USCIS' announcement on September 15, 2022 are E13 multinational executive and manager petitions received on or before January 1, 2022; and E21 NIW petitions received on or before February 1, 2022 Eligible petitions may submit Form I-907 to USCIS with the required filing fee of $2,500. The premium processing timeframe is 45 days from the date USCIS receives the request for premium processing. Santos Lloyd has been steadily receiving I-140 decisions, so we anticipate that more decisions will be coming throughout the next few months until the end of the year. We will continue to keep updated on policy changes and updates from USCIS and will post updates regularly on these changes. For clients who are eligible and interested in the upgrade, please contact our office for further information. If you are not yet eligible for the upgrade, please await further information from USCIS as we anticipate more phases coming in the months to come.