Employment-Based Immigration: First Preference
Visas for foreign persons with certain extraordinary
abilities, outstanding research/professorship, or
managers and executives.
EB1 VISA USA in DUBLIN: PERSONS WITH EXTRAORDINARY ABILITIES
If an individual is of ‘extraordinary ability’ and has achieved ‘sustained national or international acclaim in the sciences, arts, education, business or athletics’, they can apply for a permanent residence status. These Applicants must be able to show that they have risen to the very top of their field, and if they are able to show this, a self petition can be filed, doing away with the need to have an employer. The Applicant must prove these achievements and have been recognized in the field through extensive documentation. They can demonstrate this ‘extraordinary ability’ by either showing evidence of one large achievement, such as a Pulitzer prize or Olympic medal, or by showing they meet three out of the ten criteria listed below:
1. International recognition for being outstanding in a specific academic field;
2. At least three years of relevant research or teaching experience:
Research or teaching experience obtained while in pursuit of an advanced degree, such as a Ph.D., can be counted towards the three-year requirement, only if the Applicant has obtained the degree, and if the teaching duties were such that the Applicant had full responsibility for the class taught, or if the research conducted toward the degree has been recognized within the academic field as outstanding. The Applicant must document their work history with letters from current and/or former employers describing work duties, and years of employment; and,
3. A job offer for a permanent research position or a tenured or tenure-track teaching position from the sponsoring employer:
Generally, a job offer is given by a university or other similar academic or scientific institution, but it can also be offered by a private employer. If the offer is from a private employer, the employer must have at least three full-time researchers along with accompanying documentation supporting their accomplishments within the field.
EB-1C VISAS: MANAGERS AND EXECUTIVE TRANSFEREES
The EB-1C category of visa, was created for managers and executives who meet the L-1A non-immigrant visa standards and who wish to obtain a green card. Although it is possible to apply for an EB-1C visa directly, most Applicants will obtain an L-1A and then transfer to an EB-1C visa.
One of the attractive qualities of this visa is that there is no labor certification required. In order to qualify for an EB-1C visa, an Applicant must meet the following:
1. Have been employed abroad for one year in the previous three years prior to entry into the U.S., by the parent, subsidiary, or affiliate of the U.S. employer or petitioner. The central qualification is that the entity abroad and the petitioner need to have common control, usually evidenced by more than fifty percent common ownership.
2. The employment that qualifies and that was performed abroad was in a ‘Managerial’ or ‘Executive’ capacity.
- Manage a function or a department of the organization.
- Supervise the work of others as well as hire and fire subordinates.
- Be able to control the daily activities and salaries of employees
- Be able to direct managers in your organization.
- Make far-reaching decisions without substantial supervision
- Establish large-scale goals and policies
3. The qualifying foreign entity must continue to be doing business and have the requisite qualifying relationship with the petitioner at the time the immigrant petition is filed.
4. The U.S. employer must have been doing business for at least one year and have the ability to pay the immigrant’s salary.
5. The U.S. employer must have been doing business for at least one year and have the ability to pay the immigrant’s salary.
As with most employment-based petitions, a work petition is filed with the USCIS. If the manager or executive is already in the U.S. in a valid nonimmigrant status, and adjustment petition, maybe concurrently filed with USCIS if visas are available. If the Applicant is abroad, they have to wait for the employment petition to be approved before consular processing, which is a process akin to adjustment of status, but takes place outside the U.S.
Persons who wish to enter the U.S. more quickly or those establishing new companies may find it more convenient to obtain L-1A visas first and then apply for the EB-1C once the immigrant petition can be supported.
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