You may be qualified for an employment-based, first-preference visa if you are an alien of amazing capability, are an exceptional teacher or researcher, or are a certain multinational executive or supervisor. Each occupational category has certain requirements that must be met:
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Your petitioning company needs to be a U.S. employer and mean to employ you in a managerial or executive capacity. The petitioner should have been doing business in the U.S. for at least 1 year, employment as a legal entity with a qualifying relationship to the entity that utilized you abroad in a managerial or executive capability.
No labor certification is needed.
* Criteria for Demonstrating Extraordinary Ability
In order to demonstrate you have actually sustained nationwide or global honor and that your accomplishments have been acknowledged in your field of proficiency, you must either include evidence of a one-time accomplishment (major internationally-recognized award) or 3 of the 10 noted requirements listed below (or similar evidence if any of the requirements do not easily use):
- Evidence of invoice of lesser nationally or worldwide acknowledged rewards or awards for employment quality
- Evidence of your membership in associations in the field which require outstanding accomplishment of their members
- Evidence of published material about you in professional or major trade publications or other significant media
- Evidence that you have been asked to judge the work of others, either separately or on a panel
- Evidence of your original clinical, scholarly, artistic, employment athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of scholarly posts in expert or major trade publications or other significant media
- Evidence that your work has actually been shown at creative exhibits or displays
- Evidence of your efficiency of a leading or vital function in prominent companies
- Evidence that you command a high salary or other considerably high remuneration in relation to others in the field
- Evidence of your business successes in the performing arts
For additional information on Extraordinary Ability, read our policy in Volume 6, Part F, Chapter 2, of the USCIS Policy Manual.
** Examples of Documentary Evidence That a Person is an Exceptional Professor or Researcher
In order to show you are an outstanding teacher or scientist, you should include evidence of 2 of the 6 noted criteria below (or comparable evidence if any of the criteria do not easily use):
- Evidence of invoice of major rewards or awards for outstanding achievement
- Evidence of subscription in associations that require their members to show exceptional accomplishment
- Evidence of released product in professional publications written by others about the alien's operate in the academic field
- Evidence of participation, either on a panel or employment separately, as a judge of the work of others in the exact same or allied scholastic field
- Evidence of initial scientific or employment scholarly research study contributions in the field
- Evidence of authorship of academic books or short articles (in scholarly journals with international circulation) in the field
For more info on Outstanding Professors and Researchers, read our policy in Volume 6, Part F, Chapter 3, of the USCIS Policy Manual.
To learn more on Multinational Executives or Managers, read our policy in Volume 6, Part F, Chapter 4, of the USCIS Policy Manual.
Application Process
Extraordinary Ability: employment You may look for yourself by filing a Form I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. company need to submit a Type I-140, Petition for Alien Worker. As part of the application procedure, your company must be able to demonstrate a continuing capability to pay the provided wage as of the priority date. Your company may use a yearly report, federal earnings tax return, or audited monetary declaration to show a continuing ability to pay your wage.
Multinational Manager or Executive: Your U.S. company need to submit USCIS Form I-140, Petition for Alien Worker. As part of the application procedure, your employer should have the ability to show a continuing ability to pay the offered wage since the priority date. Your company may utilize a yearly report, federal income tax return, or audited financial statement to demonstrate a continuing capability to pay your wage.