To qualify for an EB-1A visa, you must demonstrate extraordinary ability in a field of science, arts, education, business, or athletics, and you must show sustained national or international acclaim. You need to provide evidence meeting at least three of ten specific criteria, below or present a one-time achievement like a Nobel Prize or Oscar.
This category is intended for academic professionals who have earned international acclaim in their field.
An EB-1B visa is a type of employment-based, first preference visa. To petition for an EB-1B visa, one must be able to show that their academic research has international recognition. This research should be considered outstanding and will need evidence supporting this claim. You must have research or at least three years of teaching experience in an academic field to be considered.
Applicants must satisfy at least two of the following criteria:
This classification applies to managers or executives being transferred to a U.S. branch of a global company.
In order to qualify for an EB-1C visa, you must meet a few requirements from the USCIS. Qualifiers must be:
For an EB-1C visa, you are not the petitioner. The U.S. employer who you will work for or currently work for will be your petitioner, which makes you the beneficiary. In order for your employer to petition for you, they must meet EB-1C requirements of their own:
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EB1-A is one of the categories of first-preference, employment-based immigration, which benefits foreign nationals who have reached the top of their field of endeavor.
An alien of extraordinary ability is an alien who has 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. In addition, the foreign person is seeking to enter the United States to continue to work in the field of endeavor that is the subject of the acclaim, and the presence of the foreign person and his or her activity will benefit the United States.
The foreign national may file his or her own petition with USCIS for classification in this preference. Or, if the foreign national is employed, his or her employer can file the petition as a sponsor of the foreign national.
Form I-140 (Immigrant Petition for Alien Worker) is used to file a petition under EB-1A
No labor certification is required before the I-140 filing for all categories of EB-1
The burden of proof in EB-1A cases rests solely with the petitioner. The petitioner has to provide substantial evidence of the three out of ten regulatory criteria the alien is attempting to satisfy or evidence of a one-time major prize. If a beneficiary is qualified, the probability of success depends largely on the way the case is presented. The approval rate for EB-1A cases in 2010 was 62%. Overall, the approval rate for EB-1A is steadily rising. (See approval rates from 2005 to 2010). EB-1A petitions filed by North America Immigration Law Group have had an approval rate of nearly 100%.
For EB-1A cases, identify which of the ten regulatory criteria the alien is attempting to satisfy and the relevant evidence for each individual criterion. In addition, provide a statement and evidence that the alien beneficiary is coming to the U.S. to continue to be employed in his or her area of sustained national or international acclaim.
The USCIS requires that the petitioner present extensive documentation to establish the alien’s extraordinary ability. National or international acclaim can be demonstrated by receipt of a major internationally recognized award such as the Nobel Prize or the Academy Award. Alternatively, the foreign person must provide at least three of the following types of evidence:
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