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EB-1 Employment Based First Preference

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:
  1. 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:
    1. Evidence of a one-time achievement (i.e., a major, internationally-recognized award), or:
    2. At least three of the following:
      1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor,
      2. Membership in associations in the field which require outstanding achievements as judged by recognized national or international experts,
      3. Published material about the alien in professional or major trade publications or other major media,
      4. Participation on a panel or individually as a judge of the work of others in the field or an allied field,
      5. Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field,
      6. Authorship of scholarly articles in the field, in professional or major trade publications or other major media,
      7. Display of the alien's work at artistic exhibitions or showcases,
      8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation,
      9. Evidence that the alien has commanded a high salary or other high remuneration for services, or
      10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales.
  2. 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:
    1. Evidence of at least 2 of the following:
      1. Receipt of major prizes or awards for outstanding achievement in the academic field,
      2. Membership in associations in the academic field, which require outstanding achievements of their members,
      3. Published material in professional publications written by others about the alien's work in the academic field,
      4. Participation on a panel, or individually, as the judge of the work of others in the same or an allied academic field,
      5. Original scientific or scholarly research contributions to the academic field, or
      6. Authorship of scholarly books or articles, in scholarly journals with international circulation, in the academic field;
    2. Evidence that the beneficiary has at least 3 years of experience in teaching and/or research in the academic field and
    3. A letter from the sponsor indicating that it intends to employ the foreign national in a permanent position.
  3. 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:
    1. either:
      1. 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
      2. 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.
    2. 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;
    3. The prospective U.S. employer has been doing business for at least one year; and
    4. 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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