The US EB-1(Green Card) program is a priority employment based permanent resident visa classification and is designed to target immigrant workers with outstanding expertise in some highly prioritized occupations. The professionals included in the “Priority Occupation” include professionals with either of following credentials to their credit
- Extraordinary skills and achievements in fields of science, arts, education, business or athletics which should be essentially substantiated with help of continuous acknowledgement at national or international level and are acknowledged in the field through extensive documentation.
- Accomplishments as internationally acclaimed professors and researchers with tangible and widely recognized feats in specific domain. These professionals are expected to carry a minimum exposure of three years in teaching or in R&D in their specialized fields. Such people should be entering the country on parallel positions in teaching or research in a varsity or an establishment providing higher education.
- Certain categories of executives and managerial level professionals of overseas enterprise being relocated to US. It is essential for such people to be employed by same organizations or their affiliates outside the USA for a minimum period of one year in the period of three years immediately preceding petitions. The individuals should have been employed on management ranks in such organizations.
Extraordinary Ability Class – EB-1A
This class offers several advantages to accomplished scholars, post PhD research fellows and other professionals with advanced degrees intending to enter the US on the basis of EB-1A, they do not need to obtain labor certifications or an employment offer from US based organization. To be deemed qualified for this class, an applicant must satisfy 3 out of 10 listed parameters, i.e. they should be able to substantiate three out of the tend under mentioned criteria
- Being bestowed upon with a lesser known honor excellent achievements on national or international level
- Membership in associations in the domain that needs their members to be highly accomplished
- Published content about them in media and other piece of work of international or national repute.
- Assessing and evaluating tasks and material produced by others, either single handedly or by participating in a panel
- Authentic and concrete contributions of major relevance made in domains of science, literature, arts, athletics, or business, etc.
- Writing and authoring intellectual content in professional or highly acclaimed trade publications or other major media
- Work displayed at major artistic exhibits or shows
- Playing a primary role in eminent establishments
- Significant earnings in comparison to contemporaries in the domain
- Commercial success attained in performing arts
Outstanding Professors and Researchers Class – EB -1B, OR
This top priority class targets accomplished professors and professionals committed to research and who possess excellent track records in their area of academic specialization. The EB-1 visa is made available through I-140 request filed by willing employers.
For EB1-OR permit, the petitioner should obtain documentation highlighting the applicant’s expertise with offer of permanent employment and documents substantiating exposure of three years in or research.
The applicant must meet at least two of six given parameters while substantiating
- Receipt of major honors for excellent accomplishments
- Membership in associations requiring their members to have excellent accomplishments
- Published content in professional journals and magazines, periodicals, etc. published by others about the applicant’s achievements in the academic domain
- Participation, single handedly or in a panel, as a assessor of the work of others in the similar or connected academic domain
- Authentic accomplishments in science or literary research
- Writing literary books or articles in literary publications of international acclaim within the field of specialization
Multinational Manager Or Executive Class EB-1C
This class is meant to facilitate easy movement and relocation of overseas personnel to US as EB1 Multinational immigrant Executive or Manager. Applicants filing for EB-1C only need to obtain an employment offer from a designated employer but there is no need for labor certification approval from DOL.
There however, must be a bonafide relation between the overseas and U.S. employers, i.e. the US employer must be an affiliate, parent or a subsidiary of the foreign firm, corporation, or other legal entity. The petition for the EB-1C can only be placed by a US employer who has been functioning as an affiliate, subsidiary or same organization of same company for at least one year that employed beneficiary overseas. The beneficiary should be employed on a managerial rank that includes managing essential functions of an organization.
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Preparing I-140, Immigrant Petition for overseas personnel and employment based permanent resident petition with requisite attachments
In case filing is to accompany I-485
- Requisite immigration forms to be presented with I-485(Application to Adjust Status)
- I-765 (Application for Employment Authorization Document)
- I-131(Application for Travel Document)
- G-325A (Biographic details) to be submitted with I-485
- Completing petition with requisite attachments and compiling them to be submitted with USCIS.
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