1 Employment Based Immigration: very First Preference EB 1
antonmungomery edited this page 2 weeks ago


You may be qualified for an employment-based, first-preference visa if you are an alien of extraordinary capability, are an outstanding teacher or researcher, or are a specific international executive or manager. Each occupational category has particular requirements that must be fulfilled:

Your petitioning company must be a U.S. company and plan to utilize you in a supervisory or executive capability. The petitioner must have been doing service in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that utilized you abroad in a supervisory or executive capacity.

No labor accreditation is needed.

* Criteria for Demonstrating Extraordinary Ability

In order to show you have actually sustained national or international acclaim and that your achievements have been acknowledged in your field of expertise, you should either include proof of a one-time achievement (significant internationally-recognized award) or 3 of the 10 noted requirements listed below (or similar evidence if any of the criteria do not easily use):

- Evidence of receipt of lesser nationally or globally acknowledged prizes or awards for quality
- Evidence of your membership in associations in the field which demand impressive accomplishment of their members
- Evidence of published product about you in professional or major trade publications or other major media
- Evidence that you have actually been asked to evaluate the work of others, either individually or on a panel
- Evidence of your initial clinical, scholarly, creative, employment athletic, or business-related contributions of significant significance to the field
- Evidence of your authorship of academic short articles in professional or significant trade publications or other significant media
- Evidence that your work has been shown at artistic exhibits or displays
- Evidence of your performance of a leading or crucial role in prominent companies
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
- Evidence of your industrial successes in the performing arts
For more information on Extraordinary Ability, read our policy in Volume 6, Part F, Chapter 2, of the USCIS Policy Manual.

** Examples of Documentary Evidence That an Individual is an Outstanding Professor or Researcher

In order to show you are an outstanding professor or researcher, you should consist of proof of 2 of the 6 noted requirements listed below (or similar evidence if any of the requirements do not readily apply):

- Evidence of invoice of significant prizes or awards for exceptional achievement
- Evidence of membership in associations that require their members to show impressive achievement
- Evidence of published material in expert publications composed by others about the alien's operate in the academic field
- Evidence of involvement, employment either on a panel or individually, employment as a judge of the work of others in the very same or allied scholastic field
- Evidence of initial clinical or academic research contributions in the field
- Evidence of authorship of scholarly books or short articles (in scholarly journals with worldwide circulation) in the field
For additional information on Outstanding Professors and Researchers, employment read our policy in Volume 6, Part F, Chapter 3, of the USCIS Policy Manual.

To find out more on Multinational Executives or Managers, read our policy in Volume 6, employment Part F, Chapter 4, of the USCIS Policy Manual.

Application Process

Extraordinary Ability: You may obtain yourself by submitting a Type I-140, for Alien Worker.
Outstanding Professors and Researchers: Your U.S. employer need to file a Form I-140, Petition for Alien Worker. As part of the application process, your company needs to be able to show a continuing ability to pay the used wage as of the concern date. Your employer may use an annual report, employment federal income tax return, or audited monetary declaration to show a continuing capability to pay your wage.
Multinational Manager or Executive: Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer should have the ability to show a continuing capability to pay the used wage as of the top priority date. Your employer may utilize an annual report, federal tax return, or audited financial declaration to demonstrate a continuing capability to pay your wage.