The EB-1 is a preference category for US-based permanent residency employment. This is for "priority worker". They are foreign nationals with "exceptional ability", or "outstanding professors or researchers", and also include "some executives and managers of foreign companies transferred to the US". This allows them to remain permanently in the US.
Therefore, Applicants who can demonstrate their outstanding abilities in science, arts, education, business or athletics through sustainable national or international recognition are not required to have a permanent employment offer in the US and qualify. However, to petition, they must intend to work in the US in their area of ​​expertise.
Video EB-1 visa
People who can apply
Visas are given to three types of people:
- persons with outstanding abilities in science, art, education, business, or athletics who have been demonstrated by sustained national or international recognition and whose achievements have been recognized in the field through extensive documentation.
- "Exceptional professors and researchers" who are "internationally recognized for their outstanding academic achievements in a particular field". They should also have "at least three years of teaching or research experience in the academic field, and enter the United States in tenure or land tenure or comparable research positions at other universities or higher education institutions" plus other conditions./li>
- "Some executives and managers of foreign companies are transferred to the US" They need to be hired, for the past three years, at least for one year outside the US in managerial positions in the same company that will hire them in the US or in related companies. There are also other conditions.
Maps EB-1 visa
Feasibility criteria
Category Extraordinary Ability
Green card application EB1 Extraordinary Ability is in the first immigration preference category of labor-based visa (EB1) known as EB1A or EB1EA. Among the three categories under EB-1, only EB-1A allows self-petition - that is, one can petition EB-1A case for himself without any US employer to act as a sponsor/applicant. However, EB-1A also has a very high legal standard. This requires the applicant to indicate that the individual has won several major awards (the Nobel Prize, for example) or meets at least three of the ten regulatory criteria and indicates that the individual has "climbed to the top with national or international recognition." After a precedent case, i> Kazarian v. USCIS (Two-Part Analysis for EB1-A Petition), court officials are applying a two-part adjudication approach - after determining whether the individual has met at least three regulatory criteria, the adjudicator should consider all the evidence presented in its entirety to make a determination of whether the foreign country meets the level of expertise required for that category. The EB1A green card application has a clear advantage for scholars, researchers, postdoctoral researchers, Ph.D. students, and other advanced professionals.
Foreign applicants must meet 3 of the 10 criteria listed below to prove exceptional abilities on the ground:
- Proof of acceptance of a nationally or internationally recognized prize or award for excellence
- Evidence of membership in associations in the field, which demands exceptional achievement of its members
- Evidence of published material about you in professional or large trade publications or other major media
- Evidence assessing the work of others, either individually or in the panel
- Evidence of important scientific, artistic, artistic, or athletic contributions important to this field
- Evidence of scientific article authors in professional or large trade publications or other major media
- A working proof has been displayed in an art exhibit or exhibit
- Performance evidence of a key or important role in a leading organization
- Evidence of high salary or other high remuneration in relation to others in the field
- Evidence of commercial success in the performing arts
The main advantages of alien application for exceptional capabilities include: no certification of labor required for this EB-1 category; no job offer or permanent job position is required for a foreigner who has exceptional ability; and much faster to get Green Card than EB-3 or EB-2 immigration categories.
Professor and Extraordinary Researcher
Researchers EB1 Outstanding Researcher or EMS1B professor (EB1B, EB-1B, EB1-OR) is the first job-based preference immigration. The EB-1B petition consists of Form I-140 and supporting documents to indicate that foreign beneficiaries meet the criteria of Extraordinary Researcher or Professor EB1. US employers intending to employ a prominent professor or researcher in the academic field may apply for Form I-140 in the classification. The employer must apply for a foreign employee.
For EB1-OR applications, the applicant must include documentation demonstrating the extraordinary ability of the aliens, and must also include a permanent employment offer letter, as well as evidence of three years of teaching or research experience.
The applicant must include documentation of at least two of the six criteria listed below, and a work offer from a US company:
- Proof of grand prize receipt or reward for outstanding achievement
- Proof of membership in an association requiring members to show outstanding achievement
- Material evidence published in professional publications written by others about alien work in the academic field
- Evidence of participation, either on the panel or individually, as a judge of others in the same academic or allied workpiece
- Proof of contribution of original scientific or scientific research in the field
- Proof of authorship of a book or scientific article (in scientific journals with international circulation) in the field
Multinational Manager or Executive category
When an employer wishes to transfer a foreign employee working overseas to a US company as a Multinational Executive or EB1 immigrant manager, a qualifying relationship must exist between a foreign employer and a US employer. The qualifying relationship exists when a US employer is an affiliate, parent or subsidiary of a foreign firm, company, or other legal entity. To establish a regulatory qualification relationship (EB1C), the applicant must indicate that the foreign company and the US employer are the same company, or related as a parent/subsidiary or as an affiliate.
- The company applying must be a US employer.
- The employer must have been in business for at least 1 year, as an affiliate, subsidiary, or as the same company employing overseas recipients.
- Beneficiaries should be employed in managerial or executive positions.
Managerial functions can also include management of important organizational functions, recipients do not always have a large number of direct reports.
An American employer may petition on Form I-140 for alien classification as an executive or multinational manager. No Labor Certification is required for this classification. A prospective employer in the United States must provide a job offer in the form of a statement indicating that aliens are employed in the United States in managerial or executive capacity. Such statements should clearly illustrate the tasks performed by aliens.
By 2016 and 2017, substantial demand for EB1C-India green cards has led to a setback of green cards EB1-India and EB1-China which means that Indian and Chinese scientists will have to wait for additional time to accept green cards, no matter how qualified they are. The immigration study center, a conservative think-tank has shown the negative consequences of EB1-C multi-national visa managers on the STEM American infrastructure as a visa club for these two managers (easy to meet criteria that depend on MNC internal documents) and outstanding scientists reviewed by peers (criteria that are much more difficult and objective than EB1C as it requires journal articles, patents, letters of recommendation and major national/international awards) in one group. Furthermore, the EB1-C green card has used a visa number that should be sent to EB2 and EB3 categories and as a result a popular petition to prevent abuse of green cards EB1-C has received more than 20,000 signatures from immigrants in the US.
Apps
Applicant EB-1, unlike most applicants EB-2 and EB-3, does not have to go through a "labor certification" process. If they are in US status (for example, working on an O-1 visa) and originating from a country where EB-1 number is current, the EB-1 applicant may simultaneously apply for immigrant I-140 and I-445 applications for adjustment status (plus I-131 and I-765). Approvals I-131 and I-765 provide to the applicant temporary work permit documents and travel permit for a period of parole as long as the application and application are decided.
In this category, aliens with extraordinary abilities (EB-1 part A) should not indicate that they have an employer in the US; they just have to show that they will keep working in the field where they have amazing abilities. Most other EB-1 applicants (eg, multinational executives or managers and professors or extraordinary researchers) should have companies in the US to sponsor their applications.
Getting a legitimate permanent residence as an alien of extraordinary ability is a difficult task, since USCIS in 8 CFR Ã,§ 204,5 (h) (2) defines exceptional ability as "a skill level that indicates that the individual is one of a small percentage that has climbed to the top of the business field ". The applicant must produce evidence that satisfies at least three of the 10 criteria listed in the rule. If USCIS approves the I-140 petition, the applicant will be given a status adjustment, assuming no such improprieties as disqualifying criminal convictions.
See also
- The Immigration Act of 1990
References
Source of the article : Wikipedia
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