Business Immigration Green Card

Eligibility Criteria Categories

You’re eligible for an EB-1 visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. 

 

Extraordinary Ability
 
  • Demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

  • Documentation to prove that you are extraordinary in your field. 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
 
  • 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 meet at least 2 criteria listed below 

  • You must have 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 

  • At least 1 year by a firm or corporation

  • 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.

Criteria for Demonstrating Extraordinary Ability

You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

  • Evidence of your membership in associations in the field which demand outstanding achievement of their members

  • Evidence of published material about you in professional or major trade publications or other major media

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

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

  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

  • Evidence that your work has been displayed at artistic exhibitions or showcases

  • Evidence of your performance of a leading or critical role in distinguished organizations

  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

  • Evidence of your commercial successes in the performing arts

Examples of Documentary Evidence That A Person is an Outstanding Professor Or Researcher
  • Evidence of receipt of major prizes or awards for outstanding achievement

  • Evidence of membership in associations that require their members to demonstrate outstanding achievement

  • Evidence of published material in professional publications written by others about the alien's work in the academic field

  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field

  • Evidence of original scientific or scholarly research contributions in the field

  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

 

Application Process

 

  • Extraordinary Ability: You may petition for yourself by filing a Form I-140, Petition for Alien Worker.

  • Outstanding Professors and Researchers: Your employer must file a Form I-140, Petition for Alien Worker.

  • Multinational Manager or Executive: Your employer must file USCIS Form I-140, Petition for Alien Worker.

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Albany, NY 12205

 

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