EB-1 Permanent Residence

Introduction

Foreign nationals seeking to obtain Permanent Residence through employment may do so by qualifying for one of several categories of employment-based immigration. 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 there are three classes that comprise eligible individuals:

• Foreign Nationals of Extraordinary Ability: Foreign nationals who can show that they possess extraordinary ability in the sciences, arts, educations, business, or athletics, which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.
• Outstanding Professors and Researchers: Foreign nationals internationally recognized as outstanding in a specific academic field, have a minimum of three years of experience in teaching and/or research in that field, and entering the U.S. in a tenure or tenure-track teaching or comparable research position at a university of other institution of higher education, or in a comparable research position with a private employer under certain circumstances.
• Multinational Executives and Managers: Foreign nationals working in high-level executive or managerial positions who transfer from a firm outside the US to an affiliated company in the US to continue employment in such capacity

Strategic EB-1 Concepts

• Labor certification/perm is not required for the EB-1 category: The foreign national, however, does need to prove that he/she intends to pursue work in the area of expertise.
• 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 foreign national 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, outstanding professors/researchers and multinational executives and managers cannot petition for themselves - the petition must be filed by the employer and contain a job offer.

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. Please call us at 847-763-8500 to schedule a consultation