EB-1A: Persons with Extraordinary Ability

EB-1A Persons with Extraordinary Ability allow individuals who intend on working in the field in which they have extraordinary abilities to file an immigrant petition and an application to adjust status (green card application) without first finding a US employer-petitioner. Our Sacramento immigration attorneys are well equipped to make a determination as to whether one has a strong case for demonstrating extraordinary ability. US Immigration and Nationality Law, particularly the EB-1A Persons with Extraordinary Ability category, is complex, but our team of immigration lawyers have a thorough understanding of this area and can assist you with your petition.

Who can self-petition for an EB-1A Extraordinary Ability?

An individual seeking permanent residency under the EB-1A Persons of Extraordinary Ability must be able to demonstrate the following:

  1. Extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim; and,
  2. Their achievements must be recognized in the field through extensive documentation.

What is the type of documentation that is necessary to apply for an EB-1A?

At least three of the following must be met and the more an individual can demonstrate the better.

  1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the individual’s field;
  2. Evidence of membership in associations in the individual’s field, which require outstanding achievements of their members, as judged by recognized national or international experts in their area of discipline;
  3. Evidence of published material in professional or major trade publications or major media about the individual and relating to the individual’s field of work;
  4. Evidence of the individual’s participation as a judge, individually or as a part of a panel, evaluating the work of others in the field in which the EB-1A is sought;
  5. Evidence of the individual’s original scientific, scholarly, or artistic contributions of major significance in the individual’s field of work;
  6. Evidence of authorship of scholarly articles in professional journals or other major media;
  7. Evidence of artistic exhibitions;
  8. Evidence of a significant role in an organization with a distinguished reputation;
  9. Evidence of high compensation for services in relation to others;
  10. Evidence of commercial success within the performing arts, as shown by either box office receipt or media sales figures.

What are the benefits of the EB-1A category?

There are a number of benefits to applying under the EB-1 category. First, all EB-1 petitions waive Labor Certification, which is a time-consuming process. The petitioner is also at risk of a denied petition if a US worker with the minimum requirements for the employment is found. Another benefit is that the EB-1 category is almost always current; meaning, a petitioner would be able to file their EB-1 I-140 petition and I-485 application to adjust status (green card application) concurrently.

Will I be able to apply for the EB-1A Persons with Extraordinary Abilities along with other categories?

It depends on the categories in which you seek a benefit. For example, if you qualify for the EB-1B, which requires an employer sponsorship, filing both applications is recommended. Typically, individuals who might not meet the requirements under the EB-1A or are concerned that the standard is too high can consider applying for the National Interest Waiver. Applying for several benefits at the same time increase the likelihood of success.

Our team of Sacramento immigration lawyers welcome you to discuss the possibility of obtaining a green card through the EB-1A Persons with Extraordinary Ability petition. Demonstrating extraordinary ability in the sciences, arts, education, business or athletics through sustained national or international acclaim with extensive documentation is a challenging endeavor; however, knowing what documents are necessary and organizing them in an understandable and cohesive way is what we do best.

Please do not hesitate to contact our immigration attorneys at Kyung Immigration Law Office, A Professional Law Corporation to discuss your immigration questions.

USCIS EB-1A: Persons with Extraordinary Ability: http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

EB-1B: Outstanding Researcher or Professor

EB-1B Outstanding Researcher or Professor Visas require a significant amount of documentation demonstrating that the individual is outstanding in his or her field. Unfortunately, these cases require the employer to file Form I-140 on behalf of the outstanding researcher or professor. Our Sacramento immigration attorneys represent a number of businesses and our law firm is prepared to assist you in obtaining an EB-1B on behalf of your outstanding researcher or professor.

What are the requirements for an EB-1B Outstanding Researcher or Professor Petition? Unlike the EB-1A, the EB-1B requires sponsorship by an employer for a permanent research position or a tenured or tenure track teaching or comparable research position. The petitioning employer must demonstrate that the individual has outstanding ability as a researcher or professor, internationally recognized in a particular scientific or scholarly field. The individual must have at least 3 years of relevant research or teaching experience as well.

What type of evidence is required to demonstrate that an individual is internationally recognized as an outstanding researcher or professor in the field in which the EB-1B is being sought?

At least two of the following is required:

  1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the individual’s field;
  2. Evidence of membership in associations in the individual’s field, which require outstanding achievements of their members, as judged by recognized national or international experts in their area of discipline;
  3. Evidence of published material in professional or major trade publications or major media about the individual and relating to the individual’s field of work;
  4. Evidence of the individual’s participation as a judge, individually or as a part of a panel, evaluating the work of others in the field in which the EB-1B is sought;
  5. Evidence of the individual’s original scientific, scholarly, or artistic contributions of major significance in the individual’s field of work;
  6. Evidence of authorship of scholarly articles in professional journals or other major media.

Will I be able to apply for the EB-1B Outstanding Researchers and Professors along with other categories?

It depends on the categories in which you seek a benefit. For example, if you qualify for the EB-1A, which does not require an employer sponsorship, filing both applications is recommended.

What does a permanent job offer mean?

A permanent job offer entails that there is no set completion date of employment.

Our teams of Sacramento immigration lawyers at the law firm of Kyung Immigration Law Office, A Professional Law Corporation recognize the importance of preparing a thorough and complete petition. Our immigration attorneys also understand the great benefit individuals under the EB-1B Outstanding Researcher or Professor would confer to our society as a whole. Our law firm is ready to evaluate the chances of obtaining the EB-1B Outstanding Researcher or Professor Visa.

Please do not hesitate to contact our immigration law firm, Kyung Immigration Law Office, A Professional Law Corporation, to discuss the possibility of applying for the EB-1B Outstanding Researcher or Professor Visa.

USCIS EB-1B: Outstanding Researcher or Professor: http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

EB-1C: Multinational Executive or Manager

EB-1C Multinational Executive or Manager Visas require the US employer to demonstrate that the individual qualifies as either an executive or manager as outlined in the Immigration and Nationality Act. This along with evidencing that the US employer is a qualifying company requires a tremendous amount of organization and documentation. Our law firm consists of very thorough immigration attorneys who are detail-oriented and focused on obtaining positive results. Our Sacramento immigration lawyers are prepared to discuss the EB-1C Multinational Executive or Manager Visa requirements with you as well as the likelihood of success in your case.

Who qualifies under the EB-1C Multinational Executive or Manager Visa category?

Multinational companies with executives and managers can transfer their executives and managers to the US to develop a business enterprise here. There are a number of requirements that need to be established for employers as well as their intending executive/manager transferees. In order to qualify as an employer under the EB-1C category, the employer must demonstrate:

  1. The US company has a qualifying relationship with the foreign company – it is a branch, subsidiary, or affiliate per the definitions set forth in the INA;
  2. The US company must conduct business in the US and in another country either through itself or through its foreign company in which it has a qualifying relationship; and,
  3. The US company must have been in existence in the US for at least a year.

In order to qualify as an executive, the individual must be acting in an executive capacity and must demonstrate that:

  1. The individual directs management of an organization, major component, or function within the company;
  2. The individual establishes goals and policies for the company;
  3. The individual exercises significant discretionary decision-making; and,
  4. The individual receives only general supervision/management from higher executives, the company’s board of directors, or shareholders.

In order to qualify as a manager, the individual must be acting in a managerial capacity and must demonstrate that:

  1. The individual manages the organization, department, component or function within the company;
  2. The individual supervises and controls the work of other supervisors or managers, or manages an essential function within the organization or department or subdivision of the company;
  3. The individual has the authority to hire and fire employees and make personnel decisions; and,
  4. The individual directs day-to-day operations of the activity or function.

For individuals acting in a managerial capacity, first-line supervisors generally do not qualify unless the first-line supervisor supervises other professionals.

I am in the US under the L-1A Intracompany Transferee Executive or Manager status, so can my employer apply for the EB-1C Multinational Executive or  Manager Visa on my behalf?

It depends on your circumstances, but transitioning from the L-1A to the EB-1C is natural. The requirements for the L-1A and EB-1C and significantly similar and make the transition ideal for those seeking to obtain permanent residency here. However, having an L-1A is not a requirement to obtain an EB-1C.

What is the wait time for obtaining the EB-1C Multinational Executive or Manager Visa?

Fortunately, this category is almost always current and generally takes anywhere from 6-9 months to process. Another benefit of applying under the EB-1C is that the I-140 Petition for Alien Worker can be filed along with the I-485 Application to Adjust Status as a Permanent Resident (for a green card) concurrently.

Our Sacramento immigration lawyers can assist you in determining whether the EB-1C Multinational Executive or Manager Visa is best suited for you, or whether another visa category is more likely. After discussing the likelihood of success in your case would our immigration law firm, you will be more informed to make a decision.

We welcome you to discuss the options you might have, so please do not hesitate to contact Kyung Immigration Law Office, A Professional Law Corporation.

USCIS EB-1C: Multinational Executive or Manager: http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1