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You may be qualified for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding teacher or scientist, or are a specific international executive or manager. Each occupational category has certain requirements that must be satisfied:
Your petitioning employer needs to be a U.S. company and intend to employ you in a managerial or executive capability. The petitioner needs to have been doing company in the U.S. for at least 1 year, as a legal entity with a certifying relationship to the entity that used you abroad in a managerial or executive capacity.
No labor accreditation is needed.
* Criteria for Demonstrating Extraordinary Ability
In order to demonstrate you have sustained national or worldwide recognition and that your accomplishments have been recognized in your field of competence, you should either include evidence of a one-time accomplishment (significant internationally-recognized award) or 3 of the 10 noted requirements below (or similar proof if any of the criteria do not readily apply):
- Evidence of invoice of lower nationally or internationally acknowledged prizes or awards for excellence
- Evidence of your membership in associations in the field which demand outstanding accomplishment of their members
- Evidence of published product about you in professional or significant 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, academic, artistic, athletic, or business-related contributions of significant significance to the field
- Evidence of your authorship of scholarly short articles in expert or significant trade or employment other major media
- Evidence that your work has actually been shown at creative exhibits or showcases
- Evidence of your efficiency of a leading or important function in prominent companies
- Evidence that you command a high salary or other significantly high compensation in relation to others in the field
- Evidence of your industrial successes in the carrying out arts
To find out more on Extraordinary Ability, read our policy in Volume 6, Part F, employment Chapter 2, of the USCIS Policy Manual.
** Examples of Documentary Evidence That a Person is an Exceptional Professor or Researcher
In order to demonstrate you are an impressive professor or researcher, you must include proof of 2 of the 6 listed criteria below (or equivalent proof if any of the requirements do not easily apply):
- Evidence of invoice of major prizes or awards for outstanding achievement
- Evidence of membership in associations that need their members to show outstanding achievement
- Evidence of published material in expert publications composed by others about the alien’s operate in the academic field
- Evidence of participation, either on a panel or separately, as a judge of the work of others in the very same or allied academic field
- Evidence of initial scientific or scholarly research contributions in the field
- Evidence of authorship of academic books or posts (in academic journals with worldwide blood circulation) in the field
For employment more details on Outstanding Professors and employment Researchers, read our policy in Volume 6, employment Part F, Chapter 3, of the USCIS Policy Manual.
For additional information 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 might get yourself by filing a Form I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. employer must submit a Type I-140, Petition for Alien Worker. As part of the application process, your company should be able to show a continuing capability to pay the used wage since the concern date. Your company may use an annual report, federal tax return, or employment audited monetary statement to show a continuing capability to pay your wage.
Multinational Manager or Executive: Your U.S. employer should submit USCIS Form I-140, Petition for Alien Worker. As part of the application procedure, your company needs to have the ability to show a continuing ability to pay the offered wage as of the top priority date. Your company might use a yearly report, federal income tax return, or audited financial declaration to demonstrate a continuing capability to pay your wage.
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