Multinational managers, outstanding professors, and individuals with extraordinary ability in the fields of science, arts, education, business, or athletics are eligible to apply for a first preference EB-1 employment-based immigration visa. Because of the preference rating, this is a highly desirable visa category, and it is, therefore, essential to fully and document your qualifications.
An EB-1 visa lawyer could help prepare an application that proves an individual’s eligibility for a first preference employment visa. Working with an experienced immigration lawyer can help ensure that all requirements are fulfilled. An attorney could also help if problems arise or delays occur during the visa petition or application process.
The first preference employment-based immigration visas may be issued to three different types of applicants, those with extraordinary ability, professors, and managers. Each type has separate eligibility requirements, so an EB-1 visa lawyer can ascertain how to demonstrate the applicable qualifications depending on the applicant.
Those with demonstrated extraordinary ability in specific fields may qualify for a visa even without sponsorship from an employer. Those fields are:
Outstanding researchers and professors must demonstrate their ability and may need an offer of employment from an institute of higher education. Similarly, executives or managers of multinational employers also may require an offer of employment to qualify under this category.
U.S. Citizenship and Immigration Services, often referred to as USCIS, describes ten criteria for demonstrating that a visa applicant has extraordinary ability in one of the listed fields. Applicants must demonstrate that they meet at least three of the ten criteria or present evidence of a special one-time achievement, such as an Olympic medal or Pulitzer Prize.
Primarily, USCIS is looking for evidence of continued acclaim at an international or national level. This could include membership in associations that require high levels of achievement for membership, evidence that the applicant was asked to judge the work of others, authorship of scholarly articles, receipt of prestigious awards, or evidence of receiving a significantly higher salary than others in the field.
To qualify for an EB-1 visa as a professor or researcher, an individual must be coming to the U.S. to pursue tenure track teaching or an equivalent research position at an institution of higher education such as a university. Also, the professor or researcher must have at least three years of teaching or research experience in the field and must meet two of the USCIS criteria.
In addition, applicants must also have an offer of employment in the U.S. An EB-1 visa lawyer can help applicants demonstrate the requirements to qualify for a first preference visa.
Executives and managers who work abroad for multinational companies can qualify for first preference visas if they have petition support from a U.S. employer. The employer must have been operating for at least one year as an affiliate, subsidiary, or as the same corporation as the one that employed the applicant overseas.
The employee must have worked for the affiliated company outside of the U.S. in a managerial or executive capacity for at least one year out of the preceding three years. Requirements may be interpreted strictly, so it can be helpful to have an EB-1 visa lawyer review application materials to ensure that an applicant has provided enough documentation of eligibility.
An EB-1 visa lawyer can prepare and present application materials to highlight an applicant’s qualifications to USCIS. To learn more about how an experienced immigration attorney can assist with your visa application, call now for a consultation.
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