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People who want to become immigrants based on employment or a job offer may apply for permanent residence or an immigrant visa abroad.

The applicant will be notified when an immigrant visa number becomes available according to the following preferences:

 

  • First Preference (EB1): Priority Workers, including aliens with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers

  • Second Preference (EB2): Members of professions holding an advanced degree or persons of exceptional ability (including individuals seeking a National Interest Waiver)

  • Third Preference (EB3): Skilled Workers, professionals and other qualified workers

  • Fourth Preference (EB4): Certain special immigrants including those in religious vocations

  • Fifth Preference (EB5): Employment creation immigrants (investors or entrepreneurs)

 

EB1 Extraordinary Ability

You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.  You must meet 3 of 10 criteria below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) to prove extraordinary ability in your field:

 

  • 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

 

EB1 Outstanding Professors and Researchers - You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.  You must include documentation of at least two listed below and an offer of employment from the prospective U.S. employer:

 

  • Evidence of receipt of major prizes or awards for outstanding achievement

  • Evidence of membership in associations that require their members to demonstrate outstanding achievement 

  • Evidence of published material in professional publications written by others about the alien's work in the academic field

  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field

  • Evidence of original scientific or scholarly research contributions in the field 

  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

 

EB1 Multinational Manager or Executive

You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.  Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

The US State Department maintain an updated monthly list of the wait times for employment visa applications.  The monthly list of wait times is called the "Visa Bulletin" and can be found on the US State Department website.  The Visa Bulletin will show various dates under each employment visa category (First - Fifth Preference).  The date listed therein is the date in which the applications they are currently processing were filed.    

Please  note that once you apply for a EB1 employment visa that such applicant would not qualify for a tourist, business or student visa because such visas require an intent "not" to immigrate to the US.  By filing the EB1 employment visa application you are declaring you have an intent to immigrate to the US and such makes you ineligible to receive a "temporary non-immigrant visa" such as tourist, business or students visas.

EB1 Employment Visa

© US Visa Group

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