Work Visa
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Who Is Eligible For EB-1 Category?
An employment-based, first-preference work visa known as the EB-1 visas is available to people with exceptional abilities, who excel as professors or researchers, or who work as international executives or managers. The following definitions apply to each of these categories:
Extraordinary Ability: Those who meet the requirements exhibit great talent in the arts, sciences, business, or athletics and are well-known on a national or international scale. Achievements must be supported by extensive documentation. An employment offer is not necessary.
Outstanding Professor or Researcher: Those who meet the qualifications are honored for their remarkable accomplishments in the domains where they have at least three years of teaching or research experience. To receive permanent residency, they must pursue a tenure-track-eligible or equivalent research post at a higher education institution.
Multinational Manager or Executive: Those who meet the requirements have held a managerial or executive position for at least one of the three years before filing the petition while working outside the United States. To obtain permanent residency, they must continue working for the same company in the United States, whether as an employee of the same employer, an affiliate, or a subsidiary.
Advice on how to qualify for an EB1 category green card if you have exceptional ability, are a distinguished professor or researcher, or are an executive or manager from abroad.
A green card can be obtained through an employment-based petition with first preference if a person possesses exceptional ability, is a distinguished professor or researcher, or is a multinational executive or manager.
- Alien of Extraordinary Ability EB-1A
- Outstanding Researcher/Processor EB-1B
- Managers and Executive Transferees EB-1C
A person must exhibit exceptional skill in the arts, sciences, education, business, or athletics. The EB-1A category does not require a job offer but assists in obtaining a job offer from American employers. Outstanding professors and researchers need an offer from a prospective employer, typically for a tenure-track position. Additionally, they must have at least three years of experience and international recognition in the field. To qualify as a multinational manager or executive, one must be employed by the U.S. employer filing the petition and be entering the U.S. to continue working for that company.
contact our eb1 green card lawyer for getting to know about eb1 visa requirements.
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Meeting The Criteria For Work Visa
A one-time achievement, such as an Oscar, Pulitzer, or Olympic Medal, is required to demonstrate outstanding talent. Otherwise, they must meet at least three of the following conditions :
- Evidence of membership in associations.
- Evidence of published materials about the applicant.
- Evidence that the applicant has judged the work of others.
- Evidence of authorship of articles.
- Evidence of performances in a leading role.
- Evidence of high salary.
- Evidence of commercial success.
If you do not provide enough proof to demonstrate outstanding talent or achievement, immigration will most certainly decline your application. An applicant must provide as much evidence as possible. No matter how renowned you are in your country or worldwide, you cannot assume that the person reviewing your application knows who you are. Although a work offer is not required for aliens of exceptional talent, it is crucial to demonstrate that U.S. firms are interested in hiring you. This will demonstrate to immigration that you are coming to the United States to continue working in your field.
Work Visa FAQ
A legal permanent resident is a person who has been granted adjustment of status to become a legal permanent resident within the United States or whose family member has petitioned for them abroad and is entering the country as a legal permanent resident.
This is subject to restrictions and frequently does not result in “permanent” status. This is because, unlike American citizens, legal permanent residents are still susceptible to deportation. Despite the term “permanent resident,” individuals are frequently deported from the United States for violating the terms of their legal status, such as by committing certain crimes or by “abandoning” their residency by spending significant time abroad. Consequently, it may or may not be a permanent condition. In contrast, citizenship is a permanent status, except in rare instances involving denaturalization.
Before you may petition for citizenship, you must have been a permanent resident of the United States for five years or three years if you are married to a citizen. You can start filing up to 90 days before you achieve these criteria. You still need to fulfill additional requirements even if you meet the time requirement. Make time to visit our office to discuss your options and create a plan for citizenship.
The E-Verify system allows employers to check the immigration status of their employees. Consequently, if an employer uses E-Verify and discovers that you are working for them without a license, it may result in the termination of your position and cause future immigration issues.
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