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You may be eligible for an employment-based, first-preference visa if you are an alien of amazing capability, are an impressive teacher or researcher, or are a certain multinational executive or manager. Each occupational classification has certain requirements that should be met:
Your petitioning company should be a U.S. employer and mean to use you in a supervisory or executive capability. The petitioner must have been doing business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed you abroad in a supervisory or executive capacity.
No labor certification is required.
* Criteria for Demonstrating Extraordinary Ability
In order to demonstrate you have actually sustained nationwide or international honor and that your accomplishments have been acknowledged in your field of competence, you should either include evidence of a one-time accomplishment (major internationally-recognized award) or 3 of the 10 listed requirements below (or similar evidence if any of the criteria do not readily use):
- Evidence of invoice of lesser nationally or internationally recognized rewards or awards for excellence
- Evidence of your subscription in associations in the field which require outstanding achievement of their members
- Evidence of released product about you in professional or employment significant trade publications or other major media
- Evidence that you have been asked to evaluate the work of others, either individually or on a panel
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of significant significance to the field
- Evidence of your authorship of academic posts in expert or major trade publications or other major media
- Evidence that your work has actually been shown at artistic exhibits or showcases
- Evidence of your performance of a leading or vital function in prominent companies
- Evidence that you command a high income or employment other substantially high reimbursement in relation to others in the field
- Evidence of your industrial successes in the carrying out arts
For more info on Extraordinary Ability, read our policy in Volume 6, Part F, Chapter 2, of the USCIS Policy Manual.
** Examples of Documentary Evidence That a Person is an Exceptional Professor or Researcher
In order to demonstrate you are an outstanding teacher or researcher, you must include evidence of 2 of the 6 listed criteria below (or equivalent evidence if any of the criteria do not readily apply):
- Evidence of receipt of major prizes or awards for outstanding achievement
- Evidence of membership in associations that need their members to demonstrate outstanding achievement
- Evidence of released material in expert publications written by others about the alien’s work in the scholastic field
- Evidence of participation, either on a panel or separately, as a judge of the work of others in the same or allied academic field
- Evidence of initial scientific or scholarly research contributions in the field
- Evidence of authorship of scholarly books or posts (in scholarly journals with worldwide flow) in the field
For more info on Outstanding Professors and Researchers, read our policy in Volume 6, Part F, Chapter 3, of the USCIS Policy Manual.
For additional information on Multinational Executives or Managers, read our policy in Volume 6, Part F, Chapter 4, of the USCIS Policy Manual.
Application Process
Extraordinary Ability: You might request yourself by submitting a Kind I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. company must submit a Type I-140, Petition for . As part of the application process, your employer must be able to demonstrate a continuing capability to pay the offered wage since the priority date. Your employer may use an annual report, federal earnings tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
Multinational Manager or Executive: Your U.S. employer must submit USCIS Form I-140, Petition for Alien Worker. As part of the application process, your company needs to have the ability to show a continuing capability to pay the used wage as of the priority date. Your company may utilize a yearly report, federal tax return, or audited financial statement to show a continuing capability to pay your wage.
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