EB-1 Employment-Based First Preference

Employment-Based Immigration

Summary

Obtaining permanent resident status or a green card through employment is an extremely challenging process. It has many requirements, and you need to understand them to improve your chances. Learning about Employment-Based First Preference is one of the steps to accelerating immigration. Learning the ins and outs can help you avoid mistakes that could potentially cost you the opportunity to obtain a green card.

Obtaining permanent resident status or a green card through employment is an extremely challenging process. It has many requirements, and you need to understand them to improve your chances. Learning about Employment-Based First Preference is one of the steps to accelerating immigration. Learning the ins and outs can help you avoid mistakes that could potentially cost you the opportunity to obtain a green card.

What Is Employment-Based First Preference?

Employers in the U.S. can seek out foreign nationals with exemplary talents. The EB-1 category is for these people, allowing them to speed up their permanent resident status application. The EB-1 applies to the foreign national as well as their spouse and children.

How Do I Become Eligible for an EB-1 Visa?

The EB-1 Visa is for those with connections in the U.S. and those with significant achievements to their name. Here are the categories that are eligible for it:

  1. Multinational manager or executive: These are high-ranking individuals with experience managing large-scale operations. To qualify, they must have at least one year of working experience outside the U.S. in a similar capacity. They must demonstrate that they have a relationship with the employer.
  2. Extraordinary ability: People who show extraordinary ability in their field, be it athletics, arts, and more. They have sustained national and international acclaim to their name. It means they have an international championship, an Olympic medal, or something similar.
  3. Outstanding professors and researchers: These individuals have international recognition for their achievements. They must have at least three years of research or teaching experience. They must also plan to seek out tenure at a U.S. university or something similar.

Do I Need a Job Offer Before I Can Get an EB-1 Visa?

A job offer is necessary for multinational managers or executives who want to work in the U.S. for their employer. The same is true for professors and researchers. For people with extraordinary abilities, it isn’t necessary. However, the assumption is that they’ll work in their field of expertise once they begin their stay in the United States.

What Jobs Count for the Multinational Manager or Executive EB-1 Visa?

Working for the same company, subsidiary, parent, or affiliate is acceptable. However, under immigration laws, the position must have significance. Here are the criteria needed to prove that you have a managerial or executive position:

  • You manage a component or function of an organization (or the organization itself).
  • You have authority over daily operations.
  • You have the power to hire and fire employees.
  • You have a senior-level designation within the company.
  • You supervise the work of other employees.

Can I Work For Any Company and Apply for an EB-1 Visa?

No, it must be a qualified employer. This organization must have a history of providing significant achievements in its field. The employer may also need to show that they have a permanent position offered and have enough to support the new hire.

How Can I Show That I’m Qualified for an EB-1 Visa Based on Extraordinary Ability?

You’ll have to show specific examples that prove your qualifications. The more proof you can provide through your achievements, the better your chances. Here are some of the things you can submit:

  • Showing membership in an organization requiring you to have a major achievement
  • Work in a renowned media outlet or major publication
  • Proof that you have worked as a judge for the work of others
  • Publications from other entities showing you and your achievements
  • Evidence of authorship in publications that have international circulation
  • Proof that your role is critical to your company’s functioning
  • Proof of prizes in your field like a Pulitzer, Oscar, or Nobel Prize
  • Proof of your contributions to your respective field

Next Steps

Getting a green card can be a difficult task that requires you to wait a long time. Many candidates want to get permanent residency status. The EB-1 visa is a way to fast-track your progress to acceptance. However, there are many things you need before you can start applying through this path.

If you need any guidance to help improve your chances, contact a seasoned immigration attorney at Reeves Immigration Law Group. Our extensive understanding of the processes involved can provide you with confidence and help you succeed.

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