For those seeking an employment-based immigration visa, you may have the ability to receive a designation of first preference (EB-1). These visas are specifically for noncitizens who have proven to be leaders in their designated field. Generally, these people are academics, researchers, artists, athletes, and executives.
To take advantage of this classification, you should understand what classifies as an extraordinary ability and how this can be established.
The shortest and quickest way to demonstrate extraordinary ability is to have earned an internationally recognized award. The types of awards that land in this category are Nobel Prizes, Pulitzer Prizes, and Olympic Medals. The caveat is that you must show that you intend on continuing the work you had been recognized for. However, the (significant) benefit is that you will not need an offer of employment to apply.
Extraordinary ability still applies to more than those who have been given those awards above. The U.S. Citizenship and Immigration Services (USCIS) lists ten different criteria. If you can show that you meet 3 of the 10, you still qualify for extraordinary ability.
Academics & Executives
The USCIS created a different list of criteria for academics, but there are only 6 in total. Though the list is shorter, you must only meet 2 of the 6. In addition, you need to possess a minimum of three years of experience and intend to pursue a tenure track at an institution that can show it employs at least three full-time researchers. Unlike the people who meet the criteria for the previous section, academics, professors, and researchers need an offer of employment.
If you are applying for this designation as a manager or an executive, there is no list of criteria where you have to meet a specific amount. In the three years preceding the request, you must be employed for a minimum of a year. Under these conditions, there will be a U.S. petitioner (the company that intends on employing you).
Another critical element is that the company must have been doing business within the U.S. for a year. In other words, if you are employed by a company in a foreign country that then moves to the U.S., they cannot petition on your behalf for another year. In addition, they will have to continue your employment in a managerial or executive capacity.
When it comes to immigration law, ensure that you put your trust in a law firm with extensive experience. At Pollak PLLC, we treat your immigration as seriously as you do. If you have additional questions about extraordinary ability visas, contact us to schedule a complimentary consultation.