Employment-Based 1 (E-B1)

Details

Published: Thursday, 24 January 2013 10:50

DESCRIPTION: This category is for "priority workers", e.g. managers and executives eligible for transfer to the United States, outstanding researchers or professors at Universities or with private employers who have established research departments, and aliens of "extraordinary ability" in the sciences, arts, education, business or athletics.

Managers and executives will typically have been in the U.S. in L classification and L eligibility is required in order to be an EB1 manager or executive.

Outstanding researchers and professors are defined as being: recognized internationally as outstanding in a specific field; possessing at least three years of experience teaching or researching in the field (in some cases, the experience obtained while working on the advance degree may count); in reception of an offer for a tenured or tenured track, or comparable research position (no fixed term and expectation of permanency - also for private employers, they must already employ three full-time researchers and have documented accomplishments in the research field). Evidence for outstanding researchers and professors may include: documentation of the aliens's receipt of major international awards or prizes for work in the particular field; documentation of membership in professional associations requiring members to have made outstanding achievements; published material in scholarly or professional publications; documentation of participation in the review of the work of others in the field; and documentation of alien's research and contributions.

Aliens of "extraordinary ability" are aliens who have received major international awards. In this category, receipt of an award such as a Nobel Prize or Academy Award suffice as evidence of "extraordinary ability." Absent such a specific award, the alien must provide at least three types of evidence. The evidence may be the same as that enumerated for professors and researchers, or in the case of non-scientific or education "extraordinary ability:" evidence that his or her work has been displayed in more than one country; evidence that he or she has had a lead or critical role through an establishment with a strong reputation; evidence that the alien has commanded a high salary; or evidence of commercial success. Finally, no labor certification is required for the EB1 category, and for the aliens of "extraordinary ability", no job offer is required. Approximately 40,000 visas annually.