EB-1 - EXCEPTIONAL ABILITY

Fall East Block

The EB-1 is a preference category for United States employment-based permanent residency. It is intended for "priority workers". Those are foreign nationals who either have "extraordinary abilities", or are "outstanding professors or researchers", and also includes "some executives and managers of foreign companies who are transferred to the US". It allows them to remain permanently in the US.

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. Each occupational category has certain requirements that must be met.

EB-1 applicants, unlike most EB-2 and EB-3 applicants, don't have to go through the "labor certification" process. If they are in status in the US (for example, working on an O-1 visa) and are from a country for which EB-1 numbers are current, EB-1 applicants may concurrently file the I-140 immigrant petition and the I-485 application for adjustment of status (plus I-131 and I-765). Approval of the I-131 and I-765 grants the applicant a temporary employment authorization document and advance parole travel permission for the period during which the petition and application are being adjudicated.

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.

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.

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.

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