Qualifying for EB-1 Permanent Residence
Foreign nationals seeking to obtain Permanent Residence through employment may do so by qualifying for one of several categories of employment-based immigration. Employment-based immigration generally requires a strong showing that the foreign worker is one of the finest in his/her field OR that there are no qualified U.S. workers to fill the position.
The First Preference Category (EB-1) is an immigrant category that requires a strong showing that the foreign worker is one of the finest in his/her field. Within the EB-1 category are three classes that comprise eligible individuals:
- Workers of Extraordinary Ability;
- Outstanding Professors and Researchers; OR
- Multinational Executives and Managers
Immigration Law Associates, PC is well versed and experienced in
preparing permanent residence applications on behalf of extraordinarily
skilled and acclaimed foreign nationals seeking to offer their talents and
skills for employment in the U.S.
See Elements of the EB-1 Category
Strategic EB-1 Concepts
- The Outstanding Professor or Researcher must have at least three years of experience. Pre-degree research experience can be considered for inclusion in this requirement, so long as the alien has completed the degree and the pre-degree research is recognized as outstanding. In addition, any combination of teaching or research totaling three years will serve to meet the experience requirement.
- Unlike the EB-1 worker of extraordinary ability, the outstanding professor or researcher cannot petition for himself or herself, the employer must file the petition.
- No Job Offer or Labor Certification Required for the EB-1 Category: The alien, however, does need to prove that he/she intends to pursue work in the area of expertise.