Extraordinary Ability category [ edit ]
by Admin
Posted on 08-06-2024 12:42 PM
An employment based first preference immigration petition (eb-1) is an immigration petition for those who are among the most able and accomplished in their respective fields within the arts, sciences, education, business, or sports. There are three (3) types of eb-1 petitions:
alien of extraordinary ability (eb-1a visa)
outstanding researcher/outstanding professor (eb-1b visa)
managers and executive transferees (eb-1v visa)
the most notable advantage for those who qualify for an eb-1 petition is the waiver of a labor certification requirement in the
green card
process.
Another advantage is that visa numbers are almost always current for the eb-1 application category. This means that an alien will not have to wait for visa numbers to become available before applying adjustment of status (i-485) and receiving a green card.
There are 40,000 visas annually available under this category. Priority workers include: aliens of extraordinary ability in the arts, sciences, business, education and athletics (eb1-a); outstanding professors and researchers (eb1-b); and managers and executives of international companies being transferred permanently to the u. S. (eb1-c).
This category is for foreign nationals possessing ‘extraordinary ability’ and who have received national or international acclaim for outstanding achievements in the sciences, arts, education, business or athletics.
Outstanding Professors and Researchers category [ edit ]
Skilled foreign workers who are applying for the eb1 visa through the extraordinary ability category can file the petition for alien worker (form i-140) on their own with us citizenship and immigration services (uscis).
The sponsoring us employer must file the petition for alien worker (form i-140) with uscis on behalf of the eb1 visa applicant for the outstanding researchers and professors category or the multinational executives and managers category. Once the petition for alien worker (form i-140) is approved by uscis, it will be forwarded to the national visa center (nvc) which will issue a case number for the petition.
The second category of the eb1 visa is eb1b. The eb1b visa is reserved for outstanding professors and researchers. To qualify for an eb1b visa, you must show that you are recognized as being outstanding in your academic field. This standard is slightly lower than the “extraordinary ability” standard required for eb1a.
The eb-1 visa is a us immigrant visa that is part of the employment-based visa category. The eb-1 is a first-preference visa that is open to overseas nationals with extraordinary ability, outstanding professors and researchers, or certain multinational executives or managers. You must be able to show “sustained national or international acclaim” in your particular field (which can include the sciences, arts, education, business, or athletics). This type of visa, also known as a green card, grants permanent residency. This means that if you receive it, you can stay in the us indefinitely under your green card status. If you would like to apply for u.
Multinational Manager or Executive category [ edit ]
What is the eb-1c category? foreign nationals who occupy executive or managerial roles in multinational organizations frequently apply for the eb-1c green card category. This category is a component of the status-based green card (eb) program, which offers permanent residency to anyone who meet certain requirements. Executives or managers of multinational firms who possess an eb-1c visa are in charge of managing daily operations and making crucial business decisions. These people are vital to the expansion and development of the global economy and play a crucial role in the success of their organizations. Who can qualify for the eb-1c category? an individual must work as a manager or executive for a multinational firm in order to be eligible for the eb-1c green card.
The eb-1c category was created specifically for multinational managers and executives who meet l-1a nonimmigrant standards and are interested in becoming lawful permanent residents. The principal distinction between the two categories is that the l-1 category is temporary and has a limit on the foreign nationals duration of stay in the u. S. , while the eb-1c immigrant visa provides the applicant with the ability to permanently live and work in the u. S. A. The petitioning employer must be a viable u. S. Company, and the foreign national applicant must have been employed by an affiliated entity abroad for at least one year.
Policy update- on september 12, 2023 uscis updated the manual to offer clarifying guidance on examples of evidence that may satisfy the relevant criteria for employment first-based preference applicants, as well as how uscis officers evaluate the totality of the evidence for eligibility. See the complete details in this eb-1 policy update post. The eb-1 is the highest preference level for employment-based green cards. It carries with it the greatest amount of prestige and benefits, but it is also one of the more difficult green cards to obtain because of the high standards that the requirements set. The uscis divides the eb-1 into three categories based on who qualifies:.