Description
There are many ways for foreign nationals
to obtain lawful permanent resident status in the U.S.A..
An employer may sponsor a foreign national for lawful permanent
residence in the U.S.A.. Some employment-sponsored applications
require a labor certification. The employment-sponsored applications
in EB1 do not require labor certifications.
Requirements
Listed below are the three categories of EB1 and each
of their requirements:
- Persons of extraordinary ability in the sciences,
arts, education, business, or athletics.
Applicants in this category must have extensive documentation
showing sustained national or international acclaim and
recognition in the field of expertise. Such applicants
do not have to have a specific job offer so long as they
are entering the U.S.A. to continue work in the field
in which they have extraordinary ability. Such applicants
can file their own petition with the INS, rather than
through an employer
To qualify for this category, the following must
be demonstrated:
- Evidence of a one-time achievement (i.e., a major,
internationally-recognized award), or:
- At least three of the following:
- Receipt of lesser nationally or internationally
recognized prizes or awards for excellence in
the field of endeavor,
- Membership in associations in the field which
require outstanding achievements as judged by
recognized national or international experts,
- Published material about the alien in professional
or major trade publications or other major media,
- Participation on a panel or individually as
a judge of the work of others in the field or
an allied field,
- Original scientific, scholarly, artistic, athletic,
or business-related contributions of major significance
in the field,
- Authorship of scholarly articles in the field,
in professional or major trade publications or
other major media,
- Display of the alien's work at artistic exhibitions
or showcases,
- Evidence that the alien has performed in a
leading or critical role for organizations or
establishments that have a distinguished reputation,
- Evidence that the alien has commanded a high
salary or other high remuneration for services,
or
- Evidence of commercial successes in the performing
arts, as shown by box office receipts or record,
cassette, compact disc, or video sales.
- Outstanding professors and researchers with at least
three years experience in teaching or research, who are
recognized internationally.
The prospective employer must provide a job offer and
file a petition with the INS. To qualify for this category,
the following must be demonstrated:
- Evidence of at least 2 of the following:
- Receipt of major prizes or awards for outstanding
achievement in the academic field,
- Membership in associations in the academic
field, which require outstanding achievements
of their members,
- Published material in professional publications
written by others about the alien's work in the academic
field,
- Participation on a panel, or individually,
as the judge of the work of others in the same
or an allied academic field,
- Original scientific or scholarly research
contributions to the academic field, or
- Authorship of scholarly books or articles,
in scholarly journals with international circulation,
in the academic field;
- Evidence that the beneficiary has at least 3 years
of experience in teaching and/or research in the
academic field and
- A letter from the sponsor indicating that it intends
to employ the foreign national in a permanent position.
- Certain executives and managers who have been employed
for at least one of the three preceding years by the
overseas affiliate, parent, subsidiary, or branch of
the U.S. employer. The applicant must be coming to work
in a managerial or executive capacity. No labor certification
is required for this classification. The prospective
employer must provide a job offer and file a petition
with the INS.
To qualify for this category, the following must be demonstrated:
- either:
- if the foreign national is outside the U.S.A., he/she
has been employed outside the U.S.A. for at least
1 year in the past 3 years in a managerial or
executive capacity by a firm or corporation or
other legal entity, or by its affiliate or subsidiary; or
- If the foreign national is already in the U.S.A.
working for the same employer, or a subsidiary or
affiliate of the firm or corporation or other
legal entity, by which the alien was employed abroad, he/she was
employed by the entity abroad in a managerial
or executive capacity for at least one year in
the 3 years preceding his/her entry as a nonimmigrant.
- The prospective employer in the U.S.A. is the
same employer or a subsidiary or affiliate of the firm
or corporation or other legal entity by which the
alien was employed abroad;
- The prospective U.S. employer has been doing business
for at least one year; and
- The alien is to be employed in the U.S.A. in a
managerial or executive capacity.
Family members
The spouse and minor, dependent children
of the foreign national may be entitled to apply for permanent
residence as described above. Once the I-485 applications
for the spouse and minor, dependent children are received
by INS, they may apply for INS employment authorization.
Duration of Visa
Lawful permanent resident status is permanent
as long as residence in the U.S.A. is maintained and no violations
of status occur. After five years in lawful permanent resident
status, an application for naturalization (U.S. citizenship)
may be filed.
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