Applying for an EB1 visa for immigration to the USA is the first employment based preference route to permanent US immigration.
This immigration service is one of several options for gaining a Permanent Resident Card for lawful permanent residence in the USA, or as it more commonly known, a US Green Card through an employment based route. An EB1 visa application may be submitted for a candidate who is either a person possessing extraordinary ability in either the arts, science, business, education or athletics, a professor or researcher of outstanding achievement, or a multinational executive immigrating to the USA.
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The wide range of USA immigration services available to those wishing to migrate to the US can make immigrating to the US a complicated and daunting exercise. You can get visa to visit the USA on a short-term business visit visa or travel visa, or on a longer term US visa, such as an H1-B visa or L1 visa, short term B1 visas or B2 visas through to the coveted USA Green Card whether based on business immigration or family immigration.
In America, immigration through an EB-1 visa for priority workers, or individuals with extraordinary ability is a route to settled status in the USA. Successful applicants will be granted permanent residency and will not be subject to any time restrictions in America. In addition, candidates applying under the EB-1 (a) category, that is, the extraordinary ability category, may apply for themselves without the need to have a job offer from a USA sponsor in place. In America, visas based upon employment mostly require a job offer to be present before an application can be made.
EB1 visas n this subcategory are unusual in that, like the Highly Skilled Migrant Programme or HSMP in the UK, a job offer is not a prerequisite. However, candidates applying for EB-1(b) visas or EB-1(c) visas, for professors and researchers or multinational executives/managers respectively, will still need to have a guaranteed offer of employment. In all three divisions of this visa service, the lengthy process of Labour Certification, which seeks to determine whether the position in question could be filled by a qualified U.S. worker, is unnecessary.
As discussed, applications for EB-1 visas may fall into one of three categories, each with their own specific requirements, as set out below:
Candidates migrating to the USA under this route, sometimes known as the E11 category must be able to demonstrate national or international acclaim in their field of expertise. The key term in this category of US visas is “extraordinary” and achievements must justify this description. Applicants must be applying for American immigration in order to continue functioning in their specific field and must be able to show an outstanding level of achievement in their field either by receipt of a major international award such as a Nobel or Academy award, or demonstrate three of the following:
A lesser national or international award.
Membership of a relevant association whose membership is achievement based.
Published material in professional or major trade periodicals, or in the mass media focusing upon their achievements.
Participation as a judge of peers.
Evidence of original scientific academic or artistic contributions of key significance.
A display of work at an artistic exhibition in more than one country.
A performance in a key, lead or starring role in a production for a distinguished establishment or commercial success in the performing arts.
Demonstrate a high salary or remuneration in the field of expertise.
Outstanding Professor or Researcher
In America, visa applicants wishing to immigrate to the USA in this stream, sometimes referred to as the E12 category must have received international acclaim in their academic field and must be able to fulfill the following criteria:
A minimum of three years of experience in teaching or research.
Intend to live and work in the United States to undertake a teaching or research post.
Be able to demonstrate at least two of the following:
A major international prize or award for outstanding achievement.
Membership of academic associations whose membership is based upon achievement.
Published articles by others in the field relating to the work of the applicant.
Original research articles or authorship of academic books or journals relating to the field.
Multinational Executive or Manager
Applicants wishing to migrate to the United States under this category, sometimes known as E13 must have been employed by the petitioning employer for a minimum of one year in the last three years directly prior to the application. United State visa applicants must also intend to continue their employment with the company at the same level and in addition, the employer must have been in business in the USA for at least one year.
Applicants wishing to immigrate to America as a manager must be primarily responsible for the component or division of the company wherein the offer of employment lies and must supervise and control the work of other managerial employees where applicable, with the power to hire and dismiss staff as necessary. Those qualifying as an executive must direct the management of the organisation or a major component of it and establish the goals and policies of the entity in which the job offer exists. Candidates must receive only general supervision from higher executives, directors or stockholders.
Dependent Immigration and Spouse Immigration
Like all American Green Card routes, the object of making an application for lawful permanent residence in America is to remain in the country on a permanent basis to live and work in the US. As a result the spouse and dependents of a successful applicant may join them in the country.