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EB-1 Priority Workers: First Preference Employment-Based Visas

Immigration Attorney in Ohio

The EB-1 priority worker visa is distinguished from the rest of the employment-based permanent resident visas because workers who can meet the strict eligibility requirements for this type of visa are in high demand in the United States. In order to make it as easy as possible for priority workers to secure a visa and become permanent residents of this country, the U.S. government does not impose the perquisite of labor certification for the application process.

Labor certification requires employers to prove that they are unable to fill the employment position by hiring someone from the local labor pool, but this is waived for the priority worker visa because individuals who meet the qualifications are considered to be of significant potential value to the U.S. economy. In addition, certain EB-1 visa applicants are permitted to submit their own I-140 petition rather than depending on the prospective employer to do so on their behalf.

EB-1.1 - Individuals Possessing Extraordinary Ability
To fit this category you must be able to demonstrate that you possess extraordinary ability in science, art, education, business, or athletics. In order to prove such ability, you may supply evidence that you have demonstrated sustained acclaim on a national or international level.

For example, you may supply evidence that you have:

  • Received nationally or internationally recognized prizes or awards for excellence
  • Been called upon to act as a judge of other's work
  • Acted in a leading role in a distinguished organization
  • Made original contributions to your field
  • Displayed your work at exhibitions or showcases

For this category, you may file your own Form I-140, Petition for Alien Worker.

EB-1.2 - Outstanding Professors and Researchers
This subcategory requires that you have a minimum of three years of teaching or research experience in your chosen field of expertise. It is also necessary to provide evidence that you have received international recognition for your academic achievements and your purpose for entering the United States must be to pursue a tenured position or equivalent research position at a university in this country. You will be asked to supply two forms of documentary evidence to prove that you fit into this category, such as evidence that you have received a major prize or award, that your work has been discussed in professional publications by others in your field, or that you have made original contributions in scientific research or scholarship. Your prospective employer must file the I-140 petition on your behalf.

EB-1.3 - Multinational Company Managers and Executives
Provided that you have been employed for one of the past three years with the firm or corporation for which you will be working in the United States, you may be eligible for this type of visa. The position you held while working abroad must have been of a managerial or executive capacity, and your employer must have been in business for at least one year, whether as the same corporation or as an affiliate or subsidiary of the company that employed you abroad. The I-140 petition must be filed on your behalf by your employer.

Experienced Immigration Legal Representation

We have half a century of immigration experience, and we know how to get results for our clients. Our attorneys represent both individuals looking for work and employers looking to hire, and we are ready to speak with you today. Our Cleveland immigration lawyers can assist you with gathering the necessary documentation and evidence to prove that your petition meets the necessary requirements, as well as work to resolve any complications that may arise during the application process.

To learn more about the EB-1 visa and take the first steps in your petition, contact us now at Robert Brown LLC.

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