The EB1A category applies to persons of extraordinary ability in the sciences, arts, education, business or athletics. The individual must establish that s/he is one of a small percentage who has risen to the very top of his/her field or endeavor. The I-140 petition must be accompanied by evidence that the alien has sustained national or international acclaim. Such evidence can include a major one-time achievement, or alternatively, lesser recognized awards of excellence; membership in prestigious associations; original contributions of major significance; published material about the person in professional or major trade journals; a high salary; and the like. No labor certification or offer of employment is required.
The EB1B category applies to outstanding professors and researchers. The I-140 petition must be accompanied by evidence that the professor or researcher is recognized internationally as outstanding in their academic field. Such evidence consists of at least two of the following: receipt of major prizes or awards for outstanding achievement in the academic field; membership in prestigious associations; original contributions of major significance; published material in professional publications written by others; evidence of participation as the judge of the work of others; original scientific or scholarly research, and the like. The applicant must also establish that s/he has at least three years of experience in teaching and/or research. An offer of employment from a prospective U.S. employer is required; a labor certification is not. The offer of employment must be in the form of a tenured or tenure-track teaching position; an academic research position; or a private employer’s research division. The employer must also employ a minimum of three people in a similar capacity.
The EB1C category applies to multinational executives or managers who are being offered a permanent job offer from the U.S. parent, subsidiary, affiliate or branch office of the beneficiary’s foreign entity, where the individual has been employed for at least one year with the foreign entity, (in the three years immediately preceding the filing of the petition if individual is outside of the U.S. OR in the three years preceding initial entry as a nonimmigrant if individual is inside the U.S), in an executive or managerial capacity. No labor certification is required.
Persons with Advanced Degrees
Any U.S. employer may file a petition to classify an individual as a member of the professions holding an advanced degree or persons of exceptional ability in the sciences, arts or business may file an I-140 Petition to qualify for employment based second preference. Advanced degree means any U.S. academic or professional degree or a foreign equivalent degree. A U.S. baccalaureate degree or foreign equivalent degree followed by at least five years of progressive post-baccalaureate experience in the specialty is considered equivalent of a master’s degree. Exceptional ability in the sciences, arts or business means a degree of expertise significantly above that ordinarily encountered in the sciences, arts or business. Petitions under this classification must be accompanied by an individual labor certification filed with the Department of Labor, unless it is in the national interest to waive such requirement.
Any U.S. employer may file a petition to classify an individual as a skilled worker or professional. Professional means a qualified alien who holds at least a U.S. baccalaureate degree or foreign equivalent degree and who is a member of the professions. A skilled worker is someone capable of performing skilled labor requiring at least two years training or experience. Petitions under this classification must be accompanied by an individual labor certification filed with the Department of Labor.
A U.S. employer may file an I-360 petition to classify an individual as a special immigrant religious worker. Such a petition may be filed by or for an alien who, for at least the two years immediately preceding the fling of the petition, has been a member of a religious denomination which has a bona fide nonprofit religious organization in the United States. The individual must be coming to the U.S. for the purpose of carrying on the vocation of a minister of that religious denomination, working for the organization in a professional capacity, or in a religious vocation or occupation.
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