An EB-1 is an employment-based immigrant category. Only aliens with extraordinary ability fall into this category. This includes abilities in science, education, athletics, business, or the arts. This ability must have been shown by national or international acclaim and must be extensively documented. As such, this classification is not granted to many people; one must typically be at the top of his/her field. Some awards, such as the Nobel Prize, show extraordinary ability.
EB-1 classification must be based on at least three types of evidence, including (but not limited to):
An outstanding professor or researcher, one who is internationally recognized for his achievements in a particular field, may qualify for EB-1 Classification. Such a professor must also meet other requirements:
To prove that a professor or researcher is "outstanding," evidence must be presented. Such documentation may include published material written by others about the professor's work, receipt of major awards, authorship of books or articles, membership in associations in which members are required to have outstanding achievements, original contributions to the field, and/or participation as a judge of others' work. Multinational executives or managers may also fall under EB-1 Classification.
If you believe you qualify for EB-1 Classification, you should file USCIS Form I-140 (Petition for Alien Worker). You should fill out and file the form at the local USCIS Regional Service Center in the area of the U.S. where you will work. Make sure to include the necessary documentation and to follow the filing guidelines. For EB-1 petitions, no labor certification is necessary. A worker of extraordinary ability may petition on behalf of himself or herself, but an employer must petition for an outstanding professor, an outstanding researcher, or a multinational executive.
An immigration lawyer would be able to inform you of your options if you believe you qualify for EB-1 Classification. Your lawyer would also be able to guide you through any other immigration laws that you may encounter.
Last Modified: 05-24-2018 11:06 PM PDTLaw Library Disclaimer
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