Employment-Based Immigration: First Preference EB-1
You may be eligible for an employment-based, first-preference green card if you are an alien of extraordinary ability or if you are a multinational executive or manager.
Very often, the natural progression is for individuals to apply for an EB-1 green card (permanent residency) either at the same time as an L-1 or O-1 visa, or several years into that visa.
Multinational Manager or Executive
You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity.
Your petitioning employer must be a U.S. employer and intend to employ you in a managerial or executive capacity. 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 managerial or executive capacity.
No labor certification is required.
Extraordinary Ability
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
You must meet at least 3 of the 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) as well as evidence showing that you will be continuing to work in the area of your expertise.
No offer of employment or labor certification is required.
Criteria for Demonstrating Extraordinary Ability
In order to demonstrate you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise, you must either include evidence of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):
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Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
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Evidence of your membership in associations in the field which demand outstanding achievement of their members
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Evidence of published material about you in professional or major trade publications or other major media
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Evidence that you have been asked to judge the work of others, either individually or on a panel
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Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
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Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
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Evidence that your work has been displayed at artistic exhibitions or showcases
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Evidence of your performance of a leading or critical role in distinguished organizations
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Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
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Evidence of your commercial successes in the performing arts.
The EB-1 classifications are complicated to assess in practice.
If you believe an EB-1 green card could be right for you, please schedule a free consultation to discuss further.