EB-1 Researchers, Scientists, Professors, International Managers
Category I employment (EB-1) is the most difficult employment based grounds to obtain permanent residency.
EB-1 PRIORITY WORKER CATEGORIES INCLUDE:
Individuals of extraordinary ability in the sciences, arts, education, business or athletics;
Outstanding professors or researchers; and
Managers and executives subject to international transfer to the United States.
DEFINITION OF “EXTRAORDINARY ABILITY”
Under this category the alien’s entry into the US must substantially benefit prospectively the US. No labor certification is required for this category i.e. a specific job offer is not required for an alien in this category. The alien should be entering US to continue working in the field which the alien has extraordinary ability. Aliens with extraordinary ability are those with “extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.”
The alien must be one of “that small percentage who have risen to the very top of the field of endeavor,” to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit “other comparable evidence” if the following criteria do not apply:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
- Membership in associations in the field which demand outstanding achievement of their members;
- Published material about the alien in professional or major trade publications or other major media;
- Evidence that the alien has judged the work of others, either individually or on a panel;
- Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
- Evidence of the alien’s authorship of scholarly articles in professional or major trade publications or other major media;
- Evidence that the alien’s work has been displayed at artistic exhibitions or showcases;
- Performance of a leading or critical role in distinguished organizations;
- Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field; and
- Evidence of commercial successes in the performing arts.
Letters from experts in the field may also be submitted to prove that the alien has risen to the top of their field.
An applicant filing an EB1 alien of extraordinary ability application may self-petition, but an applicant filing under outstanding researcher and/or professor and multinational manager must have a sponsoring employer.
If you believe you may qualify for permanent residency based on EB-1 please call (646) 768-4190 or email us at email@example.com to schedule a consultation with the Law Office of Betty Huang P.C.