Employment-Based Immigration to the United States

Employment-Based Immigration to the United States

 

What is an EB-1 Green Card?

 

The Employment-Based, First Preference (EB-1) visa is available to you if you have an extraordinary ability, are an outstanding professor or researcher or are a multinational executive or manager. There are certain requirements for each occupational category that must be met.

This type of worker visa is considered for permanent workers who will also receive a permanent resident through this application process.

What are the criteria for demonstrating extraordinary ability?

 

Any alien living in the U.S. or abroad may apply if he/she meets the following requirements:

 

  • Alien has extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim.

 

  • Alien’s achievements have been recognized in the field through extensive documentation.

 

For more information on the specific requirements for obtaining an EB-1 green card, please read more here.  [LINK TO EB-1 SPECIFIC REQS]  If you feel that you meet the EB-1A requirements and would like to file an employment-based petition for permanent residency, you should consider filing a petition as a Noncitizen of Extraordinary Ability, our experienced Los Angeles immigration attorneys can help you determine what type of petition is most suitable for you.    [LINK TO CONTACT JCS]

 

How can I obtain an employment-based visa based on extraordinary ability?

 

In order to obtain a permanent employment-based visa based on your own extraordinary ability, you must be able to demonstrate extraordinary ability in the sciences, arts, education, business or athletics through sustained national or international recognition. You can also talk to a career coach to help you with apply for new jobs. Your achievements must also be recognized in your field through extensive publication or documentation. An offer of employment from an employer is not required for this visa category.

 

How can I obtain an employment-based visa as an outstanding professor or researcher?

 

To be granted an EB-1 visa as an outstanding professor or an outstanding researcher, you must demonstrate international recognition for your outstanding achievements in a particular academic field. You must also have at least 3 years of experience in teaching or research in that academic area. There is also the requirement that you must be entering (or already admitted and in lawful status) in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.  You must also have an offer of employment from a U.S. employer to qualify for under this EB-1 visa category.  For more information on the specific requirements to apply as an outstanding professor or researcher, please read more here.  [LINK TO EB-1SPECIFIC REQS]

 

How can I get an EB-1 Green Card as a multinational manager or executive?

 

To qualify for EB-1 visa status under this category, you must have been employed outside the United States in the 3 years preceding the EB-1 petition for at least 1 year by a corporation or firm and you must be seeking to enter the United States to continue working for that firm or organization. You must have held a position outside of the United States in a managerial or executive capacity with the same employer, an affiliate, or a subsidiary of the employer sponsoring the EB-1 petition.

The employer that will petition you for the EB-1 visa status must be a U.S. employer. The U.S. employer petitioner must have been doing business for at least 1 year, as an affiliate, a subsidiary or as the same corporation or legal entity that employed you abroad.

Our experienced U.S. immigration attorneys can provide a FREE consultation to help you understand EB-1 visas.  [LINK TO CONTACT JCS]

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