Employment-Based Immigration: First Preference EB-1
by Admin
Posted on 08-06-2024 12:42 PM
Eb-1 visas comprise the first-preference group of employment-based immigration petitions. These visas are reserved for intending immigrants who are among the most capable and accomplished in their professional fields within the arts, sciences, education, business, and sports. The most notable advantage for those who qualify for an eb-1 petition is the lack of requirement of a labor certification requirement. Obtaining a labor certification is a time-consuming and expensive process, the end goal of which is to determine whether or not able, willing, and qualified u. S. Workers are available to fill the position sought by the alien.
In addition to the time and expense inherent in applying for this certification, an alien risks being denied a labor certification if any u.
The first preference of the eb (employment-based) categories is the eb-1, which grants the green card and, consequently, the right to permanent residence in the united states for qualified foreign professionals. Eb-1 eligible candidates must demonstrate outstanding skills in science, arts, education, business or athletics through evidence of national or international acclaim and significant contributions in their areas of expertise. To qualify for the eb-1 process based on extraordinary skills, applicants must also present proof that they have received internationally recognized awards (pulitzer, oscar, olympic medal, etc. ) or meet at least 3 of the 10 criteria below, established by the u. https://scholar.google.com/scholar_case?case=8977407763977467136&q=eb1+visa&hl=en&as_sdt=6,33
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.
* Criteria for Demonstrating Extraordinary Ability
U. S. Citizenship and immigration services is issuing policy guidance in our policy manual to clarify the types of evidence that we may evaluate to determine eligibility for extraordinary ability (e11) and outstanding professor or researcher (e12) eb-1 immigrant visa classifications. The update adds clarifying guidance describing examples of evidence that may satisfy the relevant evidentiary criteria or qualify as comparable evidence, as well as considerations for evaluating such evidence, with a focus on science, technology, engineering, or mathematics (stem) fields. The new guidance provides more clarity and transparency and should assist petitioners in submitting appropriate evidence that may establish the beneficiary’s eligibility.
The eb-1-c immigrant visa category awards green cards to individuals who have been employed abroad by a qualifying entity and who are transferred to a u. S. Entity in a managerial or executive capacity on a permanent basis. While it does require a u. S. -based employer (a petitioner), it is a method frequently utilized by entrepreneurs around the world. For those individuals who qualify, the eb-1-c green card provides a relatively straightforward path to a green card in a preference category that historically has no quota backlogs. As discussed further below, many executives and managers also utilize the l-1a nonimmigrant visa to enter the u.
For the majority of foreign nationals, there are two main categories of options when seeking a green card: family-based and employment-based. For individuals who do not have an immediate family member who is a u. S. Citizen or legal permanent resident, family-based options are either impossible or come with a many years-long wait. Employment-based options can be further broken down into two categories: employer-sponsored and non-employer-sponsored (also referred to as self-petitions). Employer-sponsored options are the more common of the two; they include the labor certification process, which is applicable for all jobs, and outstanding researcher/professor (eb-1b) , which is only applicable for tenure track or permanent faculty or research positions.