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EB-1 EMPLOYMENT BASED GREEN CARD FIRST PREFERENCE, INA §203(B)(1), 8 USC §1153(B)(1)

Aliens with extraordinary ability (EB-11)

EB-1     Aliens with extraordinary ability means a level of expertise, indicating that the individual is one of those small      percentages who has risen to the very top of the field of endeavor. 8 CFR § 204.5(h)(2). Such persons must be able to  demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or  international acclaim. Their achievements must be recognized in the field through extensive documentation.

The EB 1-1 visa is available to individuals in almost any profession or career. The examples could include an unemployed artist, figure skating champion, winner of a piano competition, Nobel Prize winner, etc.

  • A labor certificate is not required for individuals with extraordinary abilities.
  • Specific job offer is not required, but they must be coming to work in alien’s specific field, and it must be apparent how an alien is going to support himself or herself;
  • Must have sustained national or international acclaim;
  • Awards, published materials, participation in exhibitions etc, could demonstrate extraordinary abilities;
  • Requires passport – admission at port of entry does not require an immigrant visa.

Petitioner must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. The achievements must be recognized in applicant’s field through extensive documentation. No offer of employment is required.

Petitioner must demonstrate one-time extraordinary achievement i.e., Pulitzer Prize, Oscar Award, Olympic Medal or Nobel Prize, or Petitioner must meet 3 of 10 criteria listed below:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence;
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members;
  • 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 your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media;
  • Evidence that your work has been displayed at artistic exhibitions or showcases ;
  • Evidence of your performance of a leading or critical role in distinguished organizations;
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field;
  • Evidence of your commercial successes in the performing arts.

Immigration officer will use the two-part approach set forth in the Kazarian decision for all petitions filed for Aliens of Extraordinary Ability, for Outstanding Professors or Researchers, or for Aliens of Exceptional Ability. 

  1. The officer must first evaluate the evidence on an individual basis to determine if it meets the criteria, and
  2. then must consider all of the evidence in totality in making the final merits determination. ( Kazarian Guidance AD10-41.)

The alien should file Immigrant Petition for Alien Worker, Form I-140 on behalf of himself or herself.

If you are World Record Holder, Olympic Medalist, World Cup Soccer Player, US Open Finalist, renowned Musician, Filmmaker, Fashion Designer, Inventor, Scientist, Oscar winner, Grammy Winner, premiere Model, Miss Universe participants, cast member of award-winning shows, Politician, critically acclaimed , and nationally renowned Artist and elite Entrepreneurs and Professionals in the IT Sector, and you want to secure immigration status and residency in the United States call experienced immigration attorney.

 Outstanding professors and researchers (EB-12)EB-1

  • Job offer must be from either a U.S. university or institution of higher learning offering a tenure-track position or permanent research position or a permanent research position from a private employer;
  • Employment can be in any academic field;
  • Labor certification is not required;
  • Alien must have 3 years of prior teaching/research experience;
  • Must have testimonial letters: 4-5 strong objective letters. USCIS has to accept the letters unless there are questions about credentials of the expert or his lack of knowledge. USCIS is not an industry expert.
  • Articles about the person (not just references to his name).

*For Impact factor of Publication use Thompson Reuters  tools.

University should file Immigrant Petition for Alien Worker, Form I-140 on behalf of the Professor

 Certain Multinational Executives or Managers (Eb-13)

  • Job offer must be from U.S. employer stating a description of the job duties and that the alien will be employed in managerial position;
  • Labor certification is not required;EB-13
  • Employer must conduct business in two or more countries;
  • Alien’s Previous Work Experience is relevant;
  • Alien must have been manager of executive;
  • Must have one year experience within 3 years with the company;
  • Experience must be for the same company that files the petition;
  • Job offer must be from U.S. employer stating a description of the job duties and that the alien will be employed in managerial position;
  • Requires passport – admission does not require an immigrant visa.

To qualify as an executive, a person must:

  1. direct the management of the organization or a major component or function of the organization;
  2. establish the goals and policies of the organization, component or function;
  3. exercise wide latitude in discretionary decision-making; and
  4. receive only general supervision from higher-level executives, the board of directors, or stockholders of the organization.

To qualify as a manager, a person must:

manage the organization, or a department, subdivision, function, or component of the organization;

  1. supervise and control the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
  2. have the authority to hire and fire supervised employees, or recommend them for a promotion or other personnel action, or (if there are no immediate supervisees) function at a senior level within the organizational hierarchy; and
  3. exercise direction over the day-to-day operations of the activity or function over which the worker has authority.

The company must be a U.S. entity not a branch like for the L-1 visa. A foreign branch of a U.S. company might work.  Check the ownership of the company to determine if it is an U.S. company. The company must be in business for at least a year.

The beneficiary

  • must demonstrate one continuous year of employment by a qualified employer within the preceding three years of the filing of the petition;
  • must have primary managerial or executive duties (means percentage of duties that are managerial or executive are more than 70%)
  • Managers must supervise and control the work of other professionals, including contractors
  • Executives direct the management of the company and establish company’s goals, etc

The company should file Immigrant Petition for Alien Worker, Form I-140 on behalf of the executive or manager.

Call Cleveland Immigration Lawyer to help prepare and file Immigrant Petition for Alien Worker