Employment-Based Immigration: First Preference EB-1
by Admin
Posted on 13-09-2023 02:01 PM
The first employment based immigration preference category covers “priority workers. ” these are workers whose skills and talents are important to the u. S. – the “best and brightest. ” the annual cap on eb-1 visas is 40,000, plus any visas left over from the fourth and fifth employment based preference categories (special immigrants and immigrant investors). This is more visas than are ordinarily used in the category, so there are no backlogs in visa issuance in this category. One of the most attractive aspects of the eb-1 category is that the labor certification requirement does not apply.
This makes the time spent processing an eb-1 application much shorter than for categories that do require a labor certification.
eb1 -a or eb1-ea is a subgroup of first preference employment-based immigration (eb-1). North america immigration law group specializes in eb1-a (alien of extraordinary ability) petitions. This immigration preference category is for foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics. According to federal immigration law, such persons are not required to have a prospective employer (unlike eb1-b and eb1-c, and other preference categories), but they must be entering to continue to work in their chosen field, and they must substantially benefit prospectively in the u. S. In addition, the petitioner has to show that the foreign person sustained national or international acclaim with recognized achievements.
Unlike most other forms of employment-based immigration, first preference eb-1 extraordinary ability green cards do not require an employer sponsor and do not need labor certification through the department of labor. Instead the applicant must provide either provide proof of a major one-time achievement (such as a pulitzer, a nobel prize, or an oscar) or at least three of the below criteria: evidence of lesser prizes and awards. Evidence of memberships in elite organizations or associations related to your field. Journalism pieces about your achievements in noted national or international publications. Evidence that you have been asked to judge others in your field.
* Criteria for Demonstrating Extraordinary Ability
Applicants for the e1-a visa must have documentation go show the applicant meets 3 out of 10 of the following criteria – to establish they have extraordinary ability in your field, according to the uscis:
“receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
membership in associations in the field, which require outstanding achievements as judged by recognized national or international experts
published material about the alien in professional or major trade publications or other major media
participation on a panel or individually as a judge of others’ work in the field or a related field.
An eb-1a visa is meant for those with extraordinary abilities. In order to qualify for an eb-1a, you must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. This is proven in a variety of ways, but each needs to be through a sustained national or international acclaim. To petition for this visa, you need to meet 3 of 10 criteria stated below, or you need to present a one-time achievement. Eb-1a extraordinary ability examples for a one-time achievement include receiving an oscar, a nobel prize, an olympic medal, or an award of equivalent nature.
The classification “extraordinary ability” is a category reserved for that small percentage of people who are considered to have reached the very top of their field of expertise and are coming to the united states in order to continue working in that field. There are two different methods to establish that you have extraordinary ability. The first method is to prove that you have a major, internationally recognized award, like the nobel prize for example. In order to show that award is of that high caliber, evidence should include some of the following: the nature of criteria used to grant the award
the eb-1a extraordinary ability visa is a visa that permits individuals who have risen to the very top of their respective fields to directly apply for a permanent residence in the us. It is a visa designed to allow the very best individuals in their respective field a direct path to permanent residence. The evidentiary requirements for this visa are extremely high and the vast majority of individuals will not qualify. However, those who do will have a direct and timely (by us immigration standards), method of obtaining a green card, that will not require a job offer, family sponsored petition or large investment in a us business or project.
An eb-1 visa is an employment-based, first preference visa. The u. S. Citizenship and immigration services (uscis) has five levels of visa preferences specifically for employment-based immigration ranging from eb-1 to eb-5. This is the type of visa you can apply for when you receive a job offer from a u. S. Company and you plan to permanently live in the country. People who qualify for these visas are priority workers who have special talents, researchers, and certain businessmen or businesswomen. This visa is the easiest path towards receiving a green card because of the eb-1 requirements. Depending on certain factors, eb-1 visa holders usually have the shortest wait-time of all other green card applicants.
The eb-1 visa is an immigrant employment visa for persons with extraordinary ability (eb-1a), outstanding professors and researchers (eb-1b), and multinational managers and executives (eb-1c). The eb-1 visa grants permanent residence (green card) to applicants that met the requirements of having national or international awards and recognition. A u. S. Permanent residence (green card) allows eb 1 visa holders to stay and work in the u. S. Indefinitely. Eb1a visa applicants are able to self-petition for the eb1 green card without a sponsoring employer and labor certification. Applicants for the eb1b visa and eb1c visa must have a job offer from a sponsoring u.