Employment-Based Immigration: very First Preference EB-1

You may be eligible for an employment-based, first-preference visa if you are an alien of remarkable capability, are an outstanding professor or scientist, employment or are a particular multinational executive or supervisor. Each occupational category has specific requirements that must be fulfilled:

Your petitioning company needs to be a U.S. company and intend to use you in a supervisory or executive capacity. The petitioner needs to have been doing service in the U.S. for at least 1 year, as a legal entity with a certifying relationship to the entity that utilized you abroad in a managerial or executive capacity.

No labor accreditation is needed.

* Criteria for Demonstrating Extraordinary Ability

In order to show you have actually sustained nationwide or worldwide acclaim which your achievements have actually been acknowledged in your field of know-how, you should either consist of evidence of a one-time accomplishment (significant internationally-recognized award) or 3 of the 10 noted requirements listed below (or comparable proof if any of the requirements do not readily apply):

- Evidence of invoice of lower nationally or internationally recognized prizes or awards for quality

- Evidence of your subscription in associations in the field which demand impressive accomplishment of their members

- Evidence of published material about you in expert or significant trade publications or other significant media

- Evidence that you have actually been asked to judge the work of others, either individually or on a panel

- Evidence of your original clinical, scholarly, artistic, employment athletic, or business-related contributions of major significance to the field

- Evidence of your authorship of academic articles in expert or major trade publications or other significant media

- Evidence that your work has been shown at artistic exhibits or displays

- Evidence of your performance of a leading or crucial role in distinguished organizations

- Evidence that you command employment a high wage or other substantially high reimbursement in relation to others in the field

- Evidence of your business successes in the performing arts


For more info on Extraordinary Ability, read our policy in Volume 6, Part F, Chapter 2, of the USCIS Policy Manual.

** Examples of Documentary Evidence That a Person is an Outstanding Professor or Researcher

In order to demonstrate you are an outstanding teacher or researcher, you should include proof of 2 of the 6 listed criteria listed below (or equivalent evidence if any of the requirements do not readily use):

- Evidence of invoice of major employment rewards or awards for exceptional achievement

- Evidence of membership in associations that need their members to demonstrate exceptional achievement

- Evidence of released material in expert publications composed by others about the alien's work in the academic field

- Evidence of participation, either on a panel or employment separately, as a judge of the work of others in the exact same or allied academic field

- Evidence of initial clinical or scholarly research in the field

- Evidence of authorship of scholarly books or short articles (in academic journals with international flow) in the field


To find out more on Outstanding Professors and Researchers, read our policy in Volume 6, Part F, Chapter 3, of the USCIS Policy Manual.

To find out more on Multinational Executives or Managers, read our policy in Volume 6, Part F, Chapter 4, of the USCIS Policy Manual.

Application Process

Extraordinary Ability: You might look for employment yourself by filing a Type I-140, Petition for Alien Worker.

Outstanding Professors and Researchers: Your U.S. employer need to file a Form I-140, employment Petition for Alien Worker. As part of the application process, your company should have the ability to show a continuing ability to pay the provided wage as of the concern date. Your company might utilize an annual report, federal income tax return, or audited monetary statement to demonstrate a continuing ability to pay your wage.

Multinational Manager or Executive: Your U.S. employer need to submit USCIS Form I-140, Petition for Alien Worker. As part of the application process, your company must be able to demonstrate a continuing ability to pay the offered wage since the concern date. Your employer might utilize an annual report, federal tax return, or audited monetary declaration to demonstrate a continuing capability to pay your wage.