Extraordinary Ability

Employer and Labor Certification not required

The general requirement is that the individual should have risen to the "top of her/his field of endeavor."

(i) as demonstrated by national or international acclaim

(ii) which should be recognized through extensive documentation and

(iii) the alien should continue the work in the same field and

(iv) would substantially benefit the U.S. prospectively.

The definitions, being broad, could apply to a number of situations. The general requirement is that the individual should have risen to the "top of her/his field of endeavor."

The law states that receipt of the Nobel Prize or at least three types of evidence from the list below are needed to satisfy the criteria. Note that the submitted documentation must relate to and support the specific case presented to the INS.

1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.

2. Documentation of the alien's membership to associations in the field for which classification is sought, which require outstanding achievements of their members as judged by recognized national or international experts in their disciplines or fields.

3. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.

4. Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation.

5. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media.

6. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.

7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases.

8. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales.

9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.

10. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation. An advantage of this category is that an employer is not required to sponsor this Petition.

For more information on the EB1 category please contact us online or call us at (240) 390-0600.

Outstanding Professor or Researcher

Employer required but Labor Certification not required

This category is for "outstanding" academicians - professors and researchers who can establish a high level / degree of achievement in their fields.

The E12 immigrant category is for "outstanding" academicians - professors and researchers who can establish a high level / degree of achievement in their fields. This category is available to individuals who can prove that they are "recognized internationally as outstanding in a specific academic area," have at least 3 years of teaching or research experience in their field of endeavor, and intend to teach or carry out research in that particular field in the United States.

The individual must have an offer of employment in his/her field. Employment from an accredited university must be for a tenure-track position. The employment can also be for a permanent research position with an employer who has at least three full-time researchers and has documented accomplishments in that field.

In order to qualify for the E12, it is necessary to produce at least two of the following:

1. Published material in professional publications written by others about the alien's work in the academic field. Such material shall include the title, date, and author of the material, and any necessary translation.

2. Documentation of the alien's receipt of major prizes or awards for outstanding achievement in the academic field.

3. Documentation of the alien's membership in associations in the academic field, which require outstanding achievements of their members.

4. Evidence of the alien's original scientific or scholarly research contributions to the academic field.

5. Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

6. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or allied academic field.

In addition to the above, the petition to the USCIS must be accompanied by an offer of employment for the applicant to work in his or her field from either an institution of higher education or a company with a research department / facility.

As stated above, if employment is from an academic institution, it needs to be a tenure or tenure-track position. If from a company, the employer should have in its employ at least three full-time researchers and have documented achievements by the company or its research personnel.

For more information on the EB1 category please contact us online or call us at (240) 390-0600.

Multinational Executive or Manager

Employer required but Labor Certification not required

This immigrant visa category is designed to facilitate international transfer of executive or managerial personnel within multinational companies.

The E13 immigrant visa category is designed to facilitate international transfer of executive or managerial personnel within multinational companies. The transfers can be between different branches of the same company, or between different companies with one of the following types of relationship: 1) parent-subsidiary; 2) home office-branch office; and (3) affiliate-affiliate.

In this category, the employee must have worked in either a managerial or executive capacity, for the related company abroad, for at least a one-year period in the three years preceding the transfer.

The employee should be coming to the United States company to function in an executive or managerial capacity. The employee may already be in the United States in a non-immigrant visa status such as the L-1A visa or one of the E visa classifications.

The U.S. company must show that it is either the parent, subsidiary, affiliate, or branch office of the company abroad and the relationship between the U.S. and overseas operations must be documented and proved.

For more information on the EB1 category please contact us online or call us at (240) 390-0600.