US EB1 Green Card Visa

Although the US Government issues multiple classes of US Green Cards on the basis of employment, the vast majority of these applications are extremely timely (in excess of 3 years in many cases) and require extensive documentation from a US employer with regards to sponsorship.

Applying for an EB1 Green Card for immigration to the USA is the first employment based preference route to permanent US immigration.

In America, immigration through an EB-1 visa for priority workers or individuals with extraordinary ability is a route to permanent residency status in the USA. Successful applicants will be granted permanent residency and will not be subject to any time restrictions in America. In addition, candidates applying under the EB-1 (a) category, that is, the extraordinary ability category, may apply for themselves without the need to have a job offer from a USA sponsor in place. In America, visas based upon employment mostly require a job offer to be present before an application can be made.

EB1 visas n this subcategory are unusual in that, like the Highly Skilled Migrant Programme or HSMP in the UK, a job offer is not a prerequisite. However, candidates applying for EB-1(b) visas or EB-1(c) visas, for professors and researchers or multinational executives/managers respectively, will still need to have a guaranteed offer of employment. In all three divisions of this visa service, the lengthy process of Labour Certification, which seeks to determine whether the position in question could be filled by a qualified U.S. worker, is unnecessary.

In the following We are only focusing on the following EB-1 visas:

  • EB1-1 Extraordinary Ability
  • EB1-2 Outstanding Professor or Researcher
  • EB1-3 Multinational Executive or Manager

EB1-1 Extraordinary Ability

Candidates migrating to the USA under this route, sometimes known as the EB1-1 category must be able to demonstrate national or international acclaim in their field of expertise.

The key term in this category of US visas is “extraordinary” and achievements must justify this description. Applicants must be applying for American immigration in order to continue functioning in their specific field and must be able to show an outstanding level of achievement in their field either by receipt of a major international award such as a Nobel or Academy award, or demonstrate three of the following:

  • Receipt of a lesser national or international prize award.
  • Membership of a relevant association whose membership is achievement based.
  • Published material in professional or major trade periodicals, or in the mass media focussing upon their achievements.
  • Participation as a judge of peers.
  • Evidence of original scientific, academic, artistic, athletic, or business related contributions of key significance.
  • Authorship of scholarly articles in the field.
  • A display of work at an artistic exhibition in more than one country.
  • A performance in a key, lead or starring role in a production for a distinguished establishment or commercial success in the performing arts.
  • Demonstrate a high salary or remuneration in the field of expertise.
  • Commercial success in the performing arts.

EB1-2 Outstanding Professor or Researcher

Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the US in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education. If the employer is a private company rather than a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field.

Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:

  • Receipt of a major international prize or award for outstanding achievement.
  • Membership of academic associations whose membership is based upon achievement.
  • Published articles by others in the field relating to the work of the applicant.
  • Evidence of the personís participation as a judge of the work of others.
  • Original research articles or authorship of academic books or journals relating to the field.

In addition you must provide documentation of the following:

  • Recognized internationally as outstanding in a specific academic areas.
  • A minimum of three years of experience in teaching or research.
  • Intend to live and work in the United States to undertake a teaching or research post.

EB1-3 Multinational Executive or Manager

Applicants wishing to migrate to the United States under this category, sometimes known as EB1-3 must have been employed by the petitioning employer for a minimum of one year in the last three years directly prior to the application. United State visa applicants must also intend to continue their employment with the company at the same level and in addition, the employer must have been in business in the USA for at least one year.

Applicants wishing to immigrate to America as a manager must be primarily responsible for the component or division of the company wherein the offer of employment lies and must supervise and control the work of other managerial employees where applicable, with the power to hire and dismiss staff as necessary.

Those qualifying as an executive must direct the management of the organisation or a major component of it and establish the goals and policies of the entity in which the job offer exists. Candidates must receive only general supervision from higher executives, directors or stockholders.

Dependent Immigration and Spouse Immigration

Like all American Green Card routes, the object of making an application for lawful permanent residence in America is to remain in the country on a permanent basis to live and work in the US. As a result the spouse and dependents of a successful applicant may join them in the country. Get your application moving now by answering a few simple questions on our online assessment form.

Please go to Contact Us if you would like to retain legal services in acquiring this type of US Visa.

US Green Card - None Employment Based
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