You might be qualified for an employment-based, employment first-preference visa if you are an alien of extraordinary capability, are an exceptional teacher or researcher, or are a specific multinational executive or manager. Each occupational category has specific requirements that should be met:
Your petitioning employer should be a U.S. company and plan to utilize you in a managerial or executive capacity. The petitioner must have been doing company in the U.S. for a minimum of 1 year, as a legal entity with a certifying relationship to the entity that utilized you abroad in a managerial or executive capacity.
No labor certification is needed.
* Criteria for Demonstrating Extraordinary Ability
In order to demonstrate you have sustained national or international recognition which your achievements have actually been recognized in your field of knowledge, you need to either include proof of a one-time achievement (significant internationally-recognized award) or 3 of the 10 noted requirements listed below (or similar evidence if any of the requirements do not readily apply):
- Evidence of invoice of lesser nationally or globally recognized rewards or awards for excellence
- Evidence of your subscription in associations in the field which demand outstanding accomplishment of their members
- Evidence of released material about you in expert or significant trade publications or other significant media
- Evidence that you have actually been asked to evaluate the work of others, either individually or on a panel
- Evidence of your original clinical, scholarly, creative, athletic, or business-related contributions of significant significance to the field
- Evidence of your authorship of academic posts in professional or significant trade publications or other significant media
- Evidence that your work has been shown at artistic exhibitions or showcases
- Evidence of your performance of a leading or vital role in prominent organizations
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
- Evidence of your business successes in the performing arts
To learn more on Extraordinary Ability, read our policy in Volume 6, Part F, Chapter 2, of the USCIS Policy Manual.
** Examples of Documentary Evidence That a Person is an Impressive Professor or Researcher
In order to demonstrate you are an exceptional professor or scientist, you need to consist of evidence of 2 of the 6 listed requirements listed below (or similar evidence if any of the requirements do not easily apply):
- Evidence of receipt of major prizes or awards for outstanding accomplishment
- Evidence of membership in associations that need their members to show exceptional accomplishment
- Evidence of released material in professional publications composed by others about the alien's operate in the scholastic field
- Evidence of involvement, either on a panel or separately, as a judge of the work of others in the same or allied scholastic field
- Evidence of original scientific or scholarly research study contributions in the field
- Evidence of authorship of academic books or short articles (in scholarly journals with worldwide blood circulation) in the field
For additional information on Outstanding Professors and Researchers, read our policy in Volume 6, Part F, Chapter 3, of the USCIS Policy Manual.
For more details on or Managers, read our policy in Volume 6, Part F, Chapter 4, of the USCIS Policy Manual.
Application Process
Extraordinary Ability: You might request yourself by filing a Kind I-140, Petition for employment Alien Worker.
Outstanding Professors and Researchers: employment Your U.S. company should file a Type I-140, Petition for Alien Worker. As part of the application procedure, your company must be able to demonstrate a continuing ability to pay the used wage as of the concern date. Your company might use a yearly report, federal income tax return, or audited financial declaration to demonstrate a continuing capability to pay your wage.
Multinational Manager or Executive: Your U.S. company should file USCIS Form I-140, Petition for Alien Worker. As part of the application procedure, your company should be able to show a continuing ability to pay the used wage as of the top priority date. Your company might utilize a yearly report, employment federal earnings tax return, or audited monetary statement to demonstrate a continuing capability to pay your wage.
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