EB-1 for Priority Workers (Multinational Executives, Outstanding Researchers, Extraordinary Ability)

The Permanent Resident employment category EB-1 Priority Worker includes

In an EB-1 petition, Labor Certification is not required at all. In an EB-1A petition, a permanent job offer is not required, and an alien may petition for immigration by herself. However, in EB-1B and EB-1C petitions, a permanent job offer is required. In other words, a US employer must be the petitioner for EB-1B or EB-1C cases.

EB-1A: Aliens of Extraordinary Ability

Extraordinary ability means a level of expertise found in a small percentage of persons who have risen to the top of their respective fields.

Eligibility Criteria
There are two ways to satisfy the requirements for an EB-1 immigrant visa for extraordinary ability

A. The first is receiving a major, internationally recognized award.
B. Fortunately for those who haven't won any world famous prizes yet, the second set of standards is not as difficult to achieve. If you have fulfilled at least three of the following ten standards, you may also qualify

Documentation Needed

The petitioner should present information as following to prove his/her claims

Recommendation Letters

An alien applicants needs to have five or more recommendation letters from experts in a field attesting to the alien's significant contributions to the field and national or international reputation in the field. The reference letters included in the EB1-Extraordinary Ability petition and written by field experts should include the following: 

1) Writer's qualifications to issue his/her opinion, and the position of the writer in the field. 
2) How the writer knows of the alien's work, and commentary on alien's background and achievements as well as original contributions of major significance. 
3) Commentaries on the significance of the alien's publications, awards, and any memberships in professional associations. 
4) The alien applicant possesses unique knowledge, abilities, or experience that sets him/her apart from the professional peers.

Cover Letters

The EB1-Extraordinary Ability petition should include a petition cover letter, which should be used as a summary letter discussing the following items 

1) Describes the alien's work and how it affects the field, its potential for broader applications. 
2) Explains the alien's current work and its future applications, both academically and in the private sector. 
3) Describes how the alien is essential or intimately connected to the work, the effects of this work on the U.S. and its people

EB-1C: Multinational Executives and Managers

Some executives and managers of foreign companies who are transferred to the US may qualify. A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the US in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the US to continue service (in a managerial or executive capacity) to that firm or organization. The 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. 

The petitioner must be a US employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad. 
No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS.

The requirement of “Managerial Capacity”:

1) Manages the organization, department, component, or function. 
2) Supervises and controls the work of other supervisory, managerial, or professional personnel. 
3) Has authority to make personnel hiring/firing decisions. 
4) Exercises discretion over day-to-day operations or function.

The requirements of “Executive Capacity”

1) Directs management of an organization, major component, or function. 
2) Establishes goals and policies. 
3) Exercises wide latitude in discretionary decision-making. 
4) Receives only general supervision from higher executives, the board of directors, or stockholders.

EB-1B: Outstanding Professor or Researcher

The “Outstanding Professor or Researcher” category is available to professors and researchers who are recognized internationally as being outstanding in a specific academic area, with an established, peer recognized research record.. 

An alien applicant must have at least three years of experience in teaching or research in the academic area, and enter the US in 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.

Eligibility Criteria

No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS.

“Permanent Employment” in EB-1B

A “permanent position” in EB-1B is defined as “for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.” Visiting and employee-in-training appointments and Research Fellows are not considered permanent. 
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