Estate Planning Attorney Orange County

EB-1: Extraordinary Abilities/Multinational Executives and Managers/Outstanding Professors and Researchers

Immigrants applying for EB-1 status are not required to obtain a labor certification. The requirements and occupational categories are detailed below:

Abilities Considered Extraordinary

Foreign nationals with Extraordinary Abilities must be able to demonstrate through international or national acclaim that they possess an extraordinary ability in  arts, education, business, sciences, or athletics.  The applicant must be able to provide extensive documents to support claim.  An offer of employment is not required for EB-1.

In order to be eligible, the applicant must meet at least three of the requirements below:

  • Recipient of an internationally or nationally recognized award or prize for excellence
  • Proof of membership in a related association that requires a high level of achievement to be a part of
  • Proof published from a major media source or trade publication noting your achievements
  • Proof that the applicant played as a judge the work of others in the field
  • Proof of contributions the applicant made in the field that are of a significant importance
  • Proof of publications made in scholarly journals, major media outlets, or trade publications
  • Proof of artistic achievements being displayed at showcases or exhibitions
  • Proof that the applicant played a critical role in a distinguished organization
  • Proof that the applicant paid a high salary compared to colleges in your line of work
  • Demonstration of commercial success pertaining to performing arts

Outstanding Professors or Researchers

In order to be eligible for an EB-1 status as a researcher or a professor, the foreign national must be able to show proof of outstanding achievements for which the applicant obtained international recognition in the academic field.  In addition, the applicant must possess three years of experience of research or teaching in the academic field.  Also, the applicant must be immigrating to the U.S. for the purpose of obtaining tenure or tenure track or a comparable position (i.e. in research) at a higher education institution such as an accredited university.

Acceptable Proof of Outstanding Status as a Researcher or Professor

  • Proof of the being a recipient of a major award or prize for your achievements
  • Proof of membership in a related association that requires a high level of achievement to be a part of
  • Demonstration of material written by others on your work that has been published in a professional publication
  • Proof that you’ve been asked to judge another’s work in your field either individually or as part of a panel.
  • Proof of your contributions in original scholarly or scientific research
  • Demonstration of authorship in your field pertaining to scholarly articles or books in major international scholarly journals

Multinational Managers and Executives

Multinational executives and managers applying under the  EB-1 classification, the applicants must provide evidence  that he/she was employed a minimum of one year in the previous three years outside the U.S. prior to petitioning.  The applicant must be entering the United States in order to work for the same organization or firm. The position held in the firm outside of the United States must have been an executive or managerial in nature with the same organization or subsidiary.

 

[Back to Green Cards]