There are many different ways by which an individual can immigrate to the United States. Within the EB-1 category there are three classifications, one of which is if the individual possesses “extraordinary ability.” While in many cases an immigrant is required to have a job lined up in the United States before employment-based immigration becomes a possibility, this is not the case in the EB-1 “extraordinary ability” category. To come to the US as a worker of extraordinary ability, in fact, it is not even necessary to have a job in the US; it’s only necessary for the foreign national to intend to continue working in his or her field.
Besides the workers of extraordinary ability, there are two other options in the EB1 category. They are:
- outstanding university professors or researchers
- executives or managers of multinational companies being transferred to jobs in the US
These are the qualifications for each category:
Workers of Extraordinary Ability
This category is for people truly outstanding in their fields, with ‘fields’ including lots of job classifications. A burlesque dancer obtained a green card in this category. John Lennon also received a visa as a worker of extraordinary ability. What is important is that the applicant is nationally or internationally recognized for his or her achievements. Even though this category does not require that the applicant have a US job offer, an offer can expedite the process.
Outstanding Professors and Researchers
A professor or researcher with an international reputation who receives a US job offer may qualify for a green card in this category. The applicant must have at least three years’ experience as a professor or researcher. The job offer must be for a tenured or tenure-track position for a professor. For a researcher the job offer must be for a permanent position at a research institution.
The institution providing a job offer needs to be qualified. This translates to a university or other qualified institution of higher learning for professors, or a research institute with a minimum of three full-time staffers and a track record of outstanding research.
Multinational Executives and Managers
This category is for executives or managers who have been working abroad for a qualified company for at least one of the past three years. The executive or manager must intend to work for the same company within the US. The U.S. company needs to be a qualifying company that has been in business for at least a year.
This EB-1 category can be a bit subjective and difficult to make sense of. For example, what exactly constitutes an “extraordinary ability”? We can help you work through this process – please contact us today to learn more!
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