Employment-Based First Preference (EB-1)

Employment-based immigration can be one of the most difficult ways of obtaining a visa or a green card, with lots of requirements that must be met along the way. To better understand this process, we’ll have a look at the Employment-Based First Preference (EB-1) – learning its ins and outs, its requirements, and its definitions – so you have a better chance of potentially obtaining permanent resident status.

What is the Employment-Based First Preference Category?
Simply put, the EB-1 category is reserved for foreign nationals who have special skills or talents that would be beneficial to the United States or an employer in the country. The ability to qualify for an EB-1 visa will almost certainly speed up the process of obtaining a green card for you and your family members (spouse and children).

Who is Eligible for an EB-1 Visa?
The first thing to know is whether you are even potentially eligible for an EB-1 visa.  Here are the categories:

• Extraordinary Ability: This is applicable to people who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. This can require specific evidence – such as having won an Oscar, a Pulitzer Prize, or an Olympic Medal. If it sounds like difficult evidence to achieve, that is because it is difficult to achieve. That is why the category is restricted to people of “extraordinary ability.”

• Outstanding Professors and Researchers: You must have at least three years of teaching and research experience in your chosen area to be qualified for this category.  In addition, you must also demonstrate international recognition for your outstanding achievements in your academic area. You must also be pursuing a course of teaching in the United States, such as seeking out tenure at a U.S. university.

• Multinational Manager or Executive: You may be eligible for an EB-1 visa as a Multinational Manager or Executive if, within the three-year period preceding filing the petition, you were employed outside the U.S. for at least one year by the employer for whom you want to enter the U.S. to continue working. 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. This obviously requires a person to demonstrate a relationship with the employer as well as the offer of future employment within the United States.

As you can see, these categories are designed for high achievers and those with connections that already exist in the United States. That’s the purpose of the Employment-Based First Preference Category (EB-1) – to identify these connections and move the visa process forward smoothly.

Evidence for an EB-1 Visa 
What if you believe you fall under one of these categories? How can you demonstrate that to the U.S. Citizenship and Immigration Service?  The Immigration and Nationality Act has provided specific examples of how foreign nationals may prove their qualifications, including the following:

• Receipt of major prizes awarded in your field – this can include the Pulitzer Prize or an Academy award

• Membership in associations that have requirements of major achievements within their membership guidelines

• Evidence of published material about you in professional or major trade publications or other major media

• Evidence that you have been asked to judge the work of others, either individually or on a panel

• Evidence of published material in professional publications written by others about the your work in the academic field

• Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

• Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

• Written evidence that the work you do at a company is of a critical role in its functioning, especially when you meet all the other criteria for employment

There are certainly a lot of requirements that must be met before a person will be granted an EB-1 visa.  The foreign national’s qualifications must be well documented.

Reeves Miller Zhang & Diza – Full-Service Immigration Law
As you might imagine, the immigration process can take a long time, which means that many worthy people are left waiting. The EB-1 visa is a way for those in the immigration process to put their visa on a fast-track to acceptance. Make sure you understand the complexity of the EB-1 category before starting the process on your own. Contact Reeves Miller Zhang & Diza today and ask whether you are qualified for an EB-1 visa.

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