Employment-Based Immigration: First Preference EB-1 545
by Admin
Posted on 08-06-2024 12:42 PM
Policy update- on september 12, 2023 uscis updated the manual to offer clarifying guidance on examples of evidence that may satisfy the relevant criteria for employment first-based preference applicants, as well as how uscis officers evaluate the totality of the evidence for eligibility. See the complete details in this eb-1 policy update post. We make employment immigration to the u. S. Easy and simple.
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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 green card, formally known as the "employment-based immigration: first preference eb-1," is a category of immigrant visas reserved for individuals who demonstrate extraordinary ability in their field, whether it be the arts, sciences, education, business, or athletics. The eb-1 visa is divided into three primary categories: if an applicant can meet at least 3 of the criteria listed above then, uscis will look at the totality of the evidence submitted to determine whether the applicant is one of the few working at the top of his or her field. It's essential to note that merely meeting the criteria isn't a guarantee of visa approval.
The eb-1 extraordinary ability visa is a first preference employment based immigrant visa that grants lawful permanent residence to qualified candidates. Xu law groups has successfully helped international talents obtain the eb-1 visa. Contact us for an eb-1 extraordinary ability visa consultation today. Discover everything you need to know about eb1 processing time, steps involved, and how to speed up the process. Stay informed and plan your immigration journey efficiently. Check eb1a eligibility.
* Criteria for Demonstrating Extraordinary Ability
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 significance of the award in your field.
Eb-1a visas are the most difficult to get, as well as the most flexible as you can self-petition without a job offer. You’ll need to either fulfil 3 of 10 uscis requirements, or show a one time achievement which justifies the visa offer. The examples given are winning a pulitzer prize, and oscar or an olympic medal. If you don’t qualify under the one time achievement rule, the criteria set out to prove you’re of extraordinary ability include: being awarded nationally or internationally recognized prizes or awards being written about in major media or trade media having made major contributions to your field evidence you command a higher salary than others doing the same job.
The extraordinary ability category is one of the fastest methods for obtaining an employment-based visa because there is no requirement for a perm labor certification, or a job offer from a u. S. -based employer. Preparing the petition can be an intensive process and the criteria can be difficult to meet, particularly for those still early in their career. Therefore, it is important to have a knowledgeable team to assist to help put together a strong petition for the best chance of success.
This first preference level is broken down into three subcategories: eb-1a: for foreign nationals who can demonstrate that they have an extraordinary ability to qualify for the eb-1a green card, you must show extraordinary ability in the science, art, athletics, business, education, television, or motion picture industries. It is the most prestigious of all the three subcategories. It requires substantial evidence demonstrating sustained acclaim and recognition as an individual at the very top of the qualifying field, such as publications in major media, membership in professional associations, and awards for your extraordinary achievements. Did you know there are less common or “unusual” criteria can be used to satisfy at least 3 of the 10 listed criteria for demonstrating “extraordinary ability? check out this guide on unusual criteria for eb-1a petitions.
Family of EB-1 Visa Holders
The journey to the pinnacle of professional recognition in the united states through the eb-1 visa category is not a solitary climb. As exceptional individuals navigate the landscape of immigration to actualize their american dream, there exists a provision for those most connected to them—their spouses and children—to share in the benefits of their extraordinary journeys. The process of extending derivative status to family members is a crucial aspect of the eb-1 visa, allowing the closest kin of these distinguished aliens to accompany them, thus enriching the tapestry of their new lives in the united states.
The eb-1c allows executives and managers at multinational companies to transfer to a u. S. Office permanently. The eb-1c is a common path for l-1a visa holders, but foreign nationals without a u. S. Visa also often qualify by meeting the requirements. Uscis recently introduced premium processing for eb-1cs, which speeds up the overall eb-1c process. Unlike the eb-1a and eb-1c, the requirements for the eb-1c are not very flexible. Instead of meeting a selection of criteria, the eb-1c has very specific requirements for applicants (and their employers). To qualify, you must have worked as an executive or manager in your company's foreign subsidiary for at least one year in the past three years, and you must have an offer for an executive or managerial role with the same company in the u.
Applying for an eb-1 green card can be difficult and exhausting, especially that it requires above-average qualifications, the benefits outweigh the difficulties. When you have an eb-1 immigrant visa, you have the following rights: reduced wait times for priority dates. Eb-1a and eb-1b visa holders are exempt from the need for a sponsoring employer and may self-sponsor. Ability to reside and work in the united states. Opportunity to travel within and outside the united states. Ability to obtain dependent visas for your spouse and unmarried children. Ability to obtain us citizenship. These benefits are usually accompanied by increased case scrutiny.
The eb-1c category was created specifically for multinational managers and executives who meet l-1a nonimmigrant standards and are interested in becoming lawful permanent residents. The principal distinction between the two categories is that the l-1 category is temporary and has a limit on the foreign nationals duration of stay in the u. S. , while the eb-1c immigrant visa provides the applicant with the ability to permanently live and work in the u. S. A. The petitioning employer must be a viable u. S. Company, and the foreign national applicant must have been employed by an affiliated entity abroad for at least one year.
The eb1c is the eb1 green card category that is intended for employees who will be working as a manager or executive for a us based employer. Your employer must have been doing business in the united states for at least one year. Additionally, you must have worked for a qualifying employer abroad, in a managerial or executive capacity for one of the three years prior to entering the united states.
If you are a multinational manager or executive and want to be considered for an eb-1c visa, you must have been employed outside the united states for a minimum of 1 year in the past 3 years preceding the visa petition. If you are already working in the u. S. Under a non-immigrant visa, you must also have worked at least 1 year abroad before working in the united states. Furthermore, your employer who will petition for your visa must have been doing business for at least 1 year, have a qualifying relationship (such as an affiliate or subsidiary of the same company) to where you worked abroad, and intend to employ you in either a managerial or executive capacity.
An eb-4 is for special immigrants or those with special skills, including working as a translator in the united states military, as religious workers, or working for a us government agency in the us or abroad.