Requirements

Requirements

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Your company wishes to file an Immigrant Petition for a valued employee or the foreign individual may be able to proceed without an employer sponsor. Is the person eligible for an EB-1 (immigrant) visa?

What are the Requirements to Obtain an EB-1 (Immigrant) Visa?

U.S. Employer

The employer filing the Immigrant Petition must be engaging the foreign individual to work in the United States and must have an Internal Revenue Service Tax Identification Number.

*The extraordinary ability foreign individual may self-petition (a U.S. employer and job offer are not required to file the Immigrant Petition).

Employer/Employee Relationship

The U.S. employer must have an employer/employee relationship with the foreign individual in that it may hire, pay, fire and supervise or otherwise control his/her work.

*The extraordinary ability foreign individual may self-petition (a U.S. employer and job offer are not required to file the Immigrant Petition).

Job Offer

An offer of employment is required.

*The extraordinary ability foreign individual may self-petition (a U.S. employer and job offer are not required to file the Immigrant Petition).

Employment Based First Preference Category (EB-1)

The foreign individual may qualify for the EB-1 category if s/he is an alien with extraordinary ability in sciences, art, education, business or athletics or an outstanding professor or researcher or a multinational executive or manager.

Extraordinary Ability. The foreign individual must be an alien with extraordinary ability in sciences, art, education, business or athletics which has been demonstrated through sustained national or international acclaim; whose achievements have been recognized in the field through extensive documentation; and who seeks entry into the United States to continue work in the area of extraordinary ability.

To demonstrate sustained national or international acclaim the foreign individual must provide evidence of a one-time achievement (i.e. Nobel Prize) or document any 3 of the following:

  • Receipt of lesser nationally or internationally recognized awards or prizes.
  • Membership in an association in the field for which classification is sought which requires outstanding achievement of their members.
  • Published material about the foreign individual in major trade publications or other major media.
  • Participation as a judge evaluating the work of others in the field.
  • Evidence of original scientific, scholastic, artistic, athletic or business related contributions of major significance.
  • Authorship of scholarly articles in the field.
  • Artistic exhibitions or showcases.
  • Performance in a leading or cultural role for organizations or establishments that have a distinguished reputation.
  • High salary or remuneration in relation to others in the field.
  • Commercial success in the performing arts.

Outstanding Researcher or Professor. To be considered an outstanding professor or researcher the foreign individual must be recognized internationally as outstanding in a specific academic area; have 3 years of teaching or research experience in the academic area; and seek entry into the United States for a tenure (or tenure track) teaching position with a university or institution of higher education or a comparable position at a university or institution of higher education to conduct research or a comparable position to conduct research with a private employer (if it employs at least 3 full time researchers and the department, division or institution has achieved documented accomplishments in an academic field).

To demonstrate that the professor or researcher is recognized internationally as outstanding in a specific academic area the foreign individual must document at least 2 of the following:

  • Receipt of major awards or prizes for outstanding achievement.
  • Membership in an association that requires outstanding achievement.
  • Published material in professional publications written by others about the foreign individual’s work.
  • Participation as a judge evaluating the work of others in the field.
  • Evidence of original scientific research.
  • Authorship of scholarly books or articles in the field.

Multinational Executive or Manager. To be considered a multinational executive or manager the foreign individual must have been employed outside the United States for at least 1 year within the past three 3 years preceding the filing of the Immigrant Petition by the parent, branch, affiliate or subsidiary of the United States company and the foreign individual seeks to enter the United States to continue service to that firm or organization. The ‘1 of 3 year’ requirement can be met if the foreign individual is in the United States for more than 3 years if s/he is working for the same parent, branch, affiliate or subsidiary in the United States and was employed for at least 1 of the last 3 years by the company outside the United States before entering the United States in nonimmigrant status (i.e. L-1A).

Foreign Individual’s Credentials

The foreign individual must possess the credentials required by the employment based category.

Prevailing Wage

The U.S. employer must attest that it will pay the foreign individual at least the prevailing wage and demonstrate an ability to pay the offered wage.

*The extraordinary ability foreign individual may self-petition (a U.S. employer and job offer are not required to file the Immigrant Petition and thus no prevailing wage).

Additional Questions?

More information about the specific requirements of obtaining an employment (immigrant) visa is available on the employment (immigrant) visa FAQs.