Integrity Legal

28th May 2011

There are many different visa categories statutorily designed for those wishing to work and/or invest in the United States of America. The very plethora of visa categories can make researching immigration issues somewhat confusing for the layman. One visa category that relatively few prospective visa seekers seem to understand is the Employment Based First Preference Visa Category, or to put it more succinctly: the EB-1 visa. The eligibility criteria for this visa category are somewhat stringent compared to other visa categories. To elucidate this fact it may be best to quote directly from and eligibility chart found by this blogger on the official website of United States Citizenship and Immigration Service (USCIS) at USCIS.gov:

Categories Description Evidence
Extraordinary Ability You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. 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 You must 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 include documentation of at least two listed below** and 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 for at least 1 year by a firm or corporation and 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.

Readers should be aware that the above citation is not intended to be utilized as an exhaustive tool for determining EB-1 visa eligibility, but the chart above does shed light upon some of the overall eligibility criteria which will likely be scrutinized during adjudication of a petition.

There are many factors which must be taken into consideration during the adjudication of an Employment Based visa petition. Frequent readers of this blog may recall that there is another visa category classified as EB that is sometimes discussed within these pages. That specific visa is the EB-5 visa which was designed for prospective immigrants wishing to come to the United States to make a substantial investment in the American economy. In the case of the EB-1 visa, the prospective visa holder would be asked to make an investment of sorts in that their extraordinary abilities would be invested in the United States as a likely consequence of issuance of a United States travel document which grants lawful permanent residence to the bearer upon lawful admission to the US by officers of the United States Customs and Border Protection Service (USCBP).

Readers should be aware that often USCIS adjudication is not the only phase of the EB visa process as Consular Processing at a US Embassy or US Consulate abroad may also be required depending upon the unique circumstances of a given case.

For Information Related To Family Based Visa Petitions Please See: US Visa Thailand.


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