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HOME > Practice Areas > Employment-Based Immigration
   
 

:: Employment-Based Immigration (First Preference)
You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. Each occupational category has certain requirements that must be met:

:: Eligibility Criteria

Categories

Description

Evidence

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)

 

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.

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.

 

:: Extraordinary Ability
To prove Extraordinary Ability in his field, an alien must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of receipt of a major, internationally-recognized award, such as the Nobel Prize, or by documenting at least 3 of the following:

1. Evidence of the alien's receipt of lesser nationally or internationally recognized prizes or awards. Scholarships and/or researchers of special positions from a university are not applicable.
2. Evidence of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.
3. Published materials about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence must include the title, date, and author of the material, and any necessary translation.
4. Evidence of participation, on a panel or individually, as the judge of the work of others in the same or an allied field of specialization.
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media.
7. Evidence of the display of his/her work in the field at artistic exhibitions or showcase in more than one country.
8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

:: Outstanding Professors and Researchers
To be classified as one of the Outstanding Professors and Researchers, an alien must submit at least two of the following:

1. Evidence of the alien's receipt of major international prizes or awards for outstanding achievement in the academic field.
2. Evidence of the alien's membership in association in the academic field which require outstanding achievements of their members.
3. Published materials in professional publications written by other about the alien's work in the field.
4. Evidence of an alien's participation, on a panel or individually, as the judge of the work of others in the same or allied academic field.
5. Evidence of the alien's original scientific or scholarly research contributions to the academic field.
6. Evidence of the alien's authorship of scholarly books or articles in scholarly journals with international circulation.

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