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EB-1 EMPLOYMENT-BASED IMMIGRATION: FIRST PREFERENCE
EB-1 Visa
An employment-based immigration visa: First Preference EB-1
The EB-1 visa category is primarily intended for individuals with unique talents in their fields. To obtain this visa, you must be a person with extraordinary abilities (EB-1A), a professor or researcher (EB-1B), or a manager or executive of an international company (EB-1C). If you belong to one of these categories, you have the right to apply for a first preference work visa.
Furthermore, each category has specific requirements that must be met in accordance with US law:
EB-1A Visa - for individuals with extraordinary abilities
The EB-1A visa is exclusively for creative individuals. If you have extraordinary abilities in the fields of science, art, education, sports, or business, then this visa was created for you.
This category of individuals is the first category for a simple reason: professionals in the aforementioned professions have not only the highest degree of qualifications, but also unique talents and achievements in various fields of activity. It should be noted that candidates do not require an employer to obtain this type of visa. They can apply independently, without outside assistance.
To obtain an EB-1A visa, you must meet at least three of the ten categories:
receipt of national or international prizes, certificates, or awards for outstanding abilities in the profession;
membership in professional associations that only accept individuals with unique and outstanding abilities;
publications in professional publications or other media sources known at the national or international level about the foreigner's work;
serving as a judge of the work of others in this specialty (as a judge, jury, or expert panel).
Demonstration of work in the professional field that has contributed to the industry, such as written articles, creating computer programs and applications, proposed and accepted ideas, managing specific groups of employees, and so on. These proofs can be presented in the form of written statements from people who have worked with the applicant in the past;
professional articles published by the applicant;
work exhibited in art exhibitions or showcases.
holding an important position in an organization with a well-deserved reputation at the national or international level
receiving a high salary compared to the average for the profession. This serves as a high indicator of the applicant's services' value;
evidence of commercial success in the arts.
If you do not have the above evidence, you can provide other achievements (proofs) that confirm your abilities in your profession. Continued in the next post!
Let's consider each item separately.
Receiving national or international prizes.
What is considered a national or international award for the EB-1A first preference category of the employment-based visa?
The documentation should specify the criteria for receiving the award, as well as the number of people who competed for it. Letters from the awards committee with these facts will be sufficient.
On a scale, the award should be national or international in scope. When determining the nature of the prize or award, relevant considerations will include, among other things, the number of laureates or prize recipients, as well as any regional restrictions for participants.
Prizes or awards bestowed upon a foreigner with outstanding abilities should be prestigious, national, or international awards. The applicant must be able to provide evidence of its significance. For example, how many people participated in the competition, how many people were nominated for the award, as well as the competition criteria, including recognition at the national or international level.
Some award ceremonies have different categories of awards, including age categories.
The award must be for outstanding achievements in the field of activity.
What is NOT considered a national or international award for EB-1A?
Awards received at the student level are NOT considered.
Grants for travel and scholarships for further education are NOT considered awards.
Awards received during education have LESS evidentiary value than awards received during work as a professional in the field.
Second and/or third place.
Being only nominated for an award.
Local or regional award.
Nomination for an award does not carry as much weight as actually receiving the award.
Nomination or award may be given to a group of which the applicant is a part (the nomination or award does not necessarily have to be given to an individual).
What documentation should you provide to USCIS as evidence of a national or international award for EB-1A?
A copy of each prize or award certificate; or
Clear photograph of each prize or award; or
Public announcement of prizes or awards issued by the providing organization.
Documentary evidence confirming the following:
Criteria used for awarding prizes or awards; (A letter from the awarding committee specifying the criteria for receiving the award, as well as the number of contenders vying for it.)
The significance of the prizes or awards, including national or international recognition that is awarded to the prizes or awards; (Evidence of evaluation criteria. Media coverage verifying the degree of national or international prestige associated with the award.)
The reputation of the organization or jury awarding the prizes or awards;
Who is considered for the prizes or awards, including the geographic scope for which candidates may apply;
The number of prizes or awards given each year; as well as,
Past recipients of the award.
Media coverage of foreign nationals receiving national prizes in their country of origin.
It is important to include not only evidence of the award, but also evidence that the award is significant in the field. This may include evaluation criteria or evidence of media coverage. The award should carry a certain degree of national or international prestige.
Membership in professional associations
What is considered membership in an association for the EB-1A first preference category of the employment-based visa?
For membership to meet the requirements, it must have a higher standard of selection for admission to the association.
Membership should be in an association that requires outstanding achievements as a primary condition to become a member.
The beneficiary's outstanding achievements served as the basis for granting membership in the opinion of recognized national or international experts in their disciplines or fields.
The association must be related to the beneficiary's field of activity.
What is NOT considered membership in the relevant association for the EB-1A first preference category of the employment-based visa?
Membership in an organization that is based solely on educational level or years of experience in a particular field. This does not meet the requirements.
If membership requirements are based on employment or activity in a particular field. For example, based on a fixed minimum education; based on test results; based on an average score. In this case, they will NOT be accepted as a qualifying association.
What documentation should you provide to USCIS as evidence of membership in an association for the EB-1A first preference category of the employment-based visa?
Evidence that membership in the association is exclusive, that membership is limited exclusively to those who have been evaluated by their peers as having outstanding achievements in the field for which a high classification is required.
The section of the association's bylaws or articles discussing membership criteria for the beneficiary's level of membership in the association.
What is considered published material in the context of an EB-1A petition?
The material must have been published in a professional or major trade publication or other major media outlet (CМИ).
The material must be about the beneficiary and the beneficiary's work in the field for which EB-1A classification is sought.
What is NOT considered published material in the context of an EB-1A petition?
Marketing materials created for the purpose of selling the beneficiary's products or promoting the beneficiary's services are generally not considered published materials about the beneficiary.
Unreviewed listings in a subject index or footnote, or references to the beneficiary's work without evaluation, are not sufficient.
What documentation should you provide to USCIS as evidence of published materials for an EB-1A petition?
Documentation, including:
The title, date, and author of the published material;
The circulation (online and/or print); and
The target audience of the publication.
Published materials related to the beneficiary and the beneficiary's work in the field.
Documentation showing that the presented published material was primarily about the beneficiary and their work in the field.
Note: The evidence presented must match the format of the media in which it was published. If the material was published online, the evidence must relate to the website. If the material was published in print, the evidence must relate to the print publication.
Note: Published materials must be dedicated to the beneficiary's work in the field, not just the beneficiary's employer or other organizations with which the beneficiary is associated.
Judging the work of others
What is considered individual or group participation as a judge for EB-1A?
The evidence presented must demonstrate that the beneficiary actually participated in the evaluation of others' work.
What documentation should you provide to USCIS as evidence of individual or expert participation as a judge for EB-1A?
Evidence confirming that the beneficiary actually participated in the evaluation of others' work for which they were invited.
This is considered a "subjective" category and can therefore be more difficult to prove. There are no other options except to use other evidence.
Contribution to the Industry
What is considered an original scientific, academic, artistic, athletic, or business contribution of great significance for EB-1A?
Original scientific, academic, artistic, athletic, or business contributions must be of great significance in the field of endeavor.
What is NOT considered an original scientific, academic, artistic, athletic, or business contribution of great significance for EB-1A?
General statements about the importance of the effort are not sufficient.
What documentation must you provide to USCIS as evidence of an original scientific, academic, artistic, athletic, or business contribution of great significance for EB-1A?
Objective documentary evidence of the beneficiary's contribution to the field.
Documentary evidence that people around the world currently consider the beneficiary's work to be important.
Expert testimonials and/or support letters discussing the beneficiary's significant contribution.
Evidence that the beneficiary's significant contribution(s) has generated widespread public acclaim in the field or has been widely cited.
Evidence that the beneficiary's work is being used by others. Possible evidence may include, but is not limited to:
Contracts with companies using the beneficiary's product or licensed technology used by others.
Patents currently in use that have demonstrated their significance in the field.
Note: If letters and testimonials are provided, they should contain as much detail as possible about the beneficiary's contribution and explain in detail how the contribution was "original" (not just a copy of others' work) and how it was of "major" significance.
General statements about the importance of the effort are unfortunately insufficient.
Self-Published Professional Articles
What is considered evidence of the beneficiary's authorship of scientific articles for EB-1A?
If the scientific article has been cited or reviewed, it can be used. However, evidence of citation(s) and/or reviews is required.
What is NOT considered evidence of the beneficiary's authorship of scientific articles for EB-1A?
An incomplete list of scientific articles.
Articles that are not scientific.
Articles that have not been cited or reviewed.
Articles that are not published in professional or major industry publications or other major media outlets.
What documentation should you provide to USCIS as evidence of the beneficiary's authorship of scientific articles for EB-1A?
Search results for scientific literature on websites (SciFinder or Google Scholar) where the beneficiary is listed as the author, the title of the article, and the journal in which it was published; or
Paper copies of the beneficiary's articles.
Full articles are not required.
For each article, the applicant only needs to provide pages necessary to display:
The beneficiary as the author;
The title of the article; and
The journal in which it was published.
Documentary evidence that the beneficiary's articles were written and intended for reading by scientists in the field.
Documentary evidence that the publications in which the articles are published are professional publications, trade publications, or other major media outlets.
Such evidence may include circulation information.
If circulation information is provided, it must be specific to the media format in which it was published. That is, if the article was published online, the evidence must relate to the website. If it was published in print, the evidence must relate to the print publication.
Evidence of citations and/or expert evaluation.
Artwork was shown in exhibitions or showcases.
What is considered evidence of your work in art exhibitions or showcases for EB-1A?
You must establish that the presented work product belongs to you.
You must establish that the place(s) (virtual or otherwise) where your work was presented were art exhibitions or showcases.
What is NOT considered evidence of your work at art exhibitions or showcases for EB-1A?
If your participation in the art exhibition or showcase was minor (i.e. a supporting role).
What documentation should you provide to USCIS as evidence of your work at art exhibitions or showcases for EB-1A?
First and foremost, proof that the work was created by you.
Materials created for the promotion of your artistic work.
Records of sales in which you are listed as the creator of the sold works.
Evidence that the place (virtual or otherwise) where your work was presented was an art exhibition or showcase.
Materials created for the promotion and advertisement of art exhibitions or showcases.
What is considered evidence of performing a managerial or critical role in organizations or institutions that have an outstanding reputation for EB-1A?
The organization or institution must have an outstanding reputation.
You must play a leading or decisive role in the organization or institution.
What is NOT considered evidence of performing a managerial or critical role in organizations or institutions that have an outstanding reputation for EB-1A?
If your role was not leading or critical to the organization.
If the organization or institution does not have an outstanding reputation.
What documentation should you provide to USCIS as evidence that you played a leading or important role in organizations or institutions with outstanding reputations?
Evidence that confirms the outstanding reputation of the organization or institution in which the beneficiary performed managerial or critical functions. The evidence must document the prominence, distinction, or superiority of the organization or institution.
Documentary evidence demonstrating how the beneficiary's role was or is leading or decisive for the organization or institution.
If the beneficiary has a leading role, the evidence must establish that the beneficiary is a leader.
The position with corresponding responsibilities can help determine if the role was (or is) truly leading.
If it is a critical role, the evidence must confirm that the beneficiary made a significant contribution to the organization or institution's results.
A supporting role can be considered "critical" if the beneficiary's work in that role is significant.
The title of the beneficiary's role is not as important as the actual performance of that role in determining whether it was (or is) critical.
Letters from individuals personally familiar with the importance of the beneficiary's leading or decisive role.
The letters should contain detailed and demonstrative information specifically related to how the beneficiary's role for the organization or institution was (or is) leading or decisive.
Detailed information should include specific tasks or achievements of the beneficiary compared to others engaged in similar activities in the field.
Obtaining a High Salary
What is considered evidence that someone has received a high salary or other significantly higher compensation for services compared to others in the field for EB-1A?
Pay stubs or receipts in the form of official government tax returns (such as W-2 forms, 1099 forms, or other foreign equivalent forms).
Only base salary should be considered.
Salary must be higher than 90% of comparable salary data.
Geographic or occupational salary surveys and organizational justifications for payments in excess of salary data.
Three websites that may be helpful in evaluating the evidence submitted by the applicant:
Bureau of Labor Statistics (BLS):
http://www.bls.gov/bls/blswage.htm
Department of Labor's CareerOneStop website:
http://www.careeronestop.org/SalariesBenefits/Sal_default.aspx
Foreign Labor Certification Data Center's online wage library:
http://www.flcdatacenter.com
Payscale.com and Glassdoor.com also provide statistics to show that the applicant's salary is significantly higher than 90% of comparable salary data.
What is NOT considered evidence that someone has received a high salary or other significantly higher compensation for services compared to others in the field for EB-1A?
Perks (such as tuition reimbursement, health/medical service payments, profit sharing incentives, stock options, 401(k) contributions, etc.)
Bonuses MAY be considered as part of compensation, ONLY if the applicant actually received bonuses, and they are included in the section of total salary in individual tax returns.
What documentation do you need to provide to USCIS as evidence that you received a higher salary or other significant service award than others in the field for EB-1A?
The tax documents of the applicant for the years in which the beneficiary received a high salary in the field of activity.
Alternatively, the applicant may provide similar foreign tax documents showing annual wages earned outside the United States.
Usually, the media report particularly high salaries received by others in the beneficiary's field.
A list compiled by a credible professional organization(s) with the highest incomes in their field.
Relevant geographic or positional compensation studies;
Organizational rationale for the payment of the above compensation data;
Information from the United States Department of Labor or similar sources showing wage comparisons within states, between states, and so on. (see note below).
Note: In general, information on prevailing wage rates from the US Department of Labor does not determine if a wage or other remuneration is "significantly" higher than that of others in the field.
If information is provided about the prevailing US Department of Labor wage rate, then it must be accompanied by other supporting evidence showing that the wage rate is high compared to others working in the field. (See examples above).
evidence of commercial success in art
What is considered proof of the commercial success of the EB-1A in the performing arts?
Cash fees; or,
Checks from the sale of audio or video recordings demonstrating excellence in the performing arts.
Note: This criterion focuses on sales and box office receipts as a measure of a beneficiary's commercial success in the performing arts.
In the event that the beneficiary has simply recorded and released musical collections or participated in theatrical, film or television productions, then this is not enough.
Evidence must show that sales and box office returns reflect the commercial success of the beneficiary compared to others involved in similar performing arts pursuits.
The applicant must be sufficiently and closely associated with the cause of commercial success.
Authors of successful performing arts will qualify for this.
USCIS will consider the relativity of an artist's work and success compared to other artists in the same field.
What is NOT considered proof of the commercial success of the EB-1A in the performing arts?
Be a fellow band member as it's hard to prove that you were the reason for the commercial success.
What documentation do you need to submit to USCIS as evidence of the commercial success of performing arts for EB-1A?
Cash fees; or receipts for the sale of audio or video recordings demonstrating excellence in the performing arts.
Comparison of your box office; or receipts for the sale of audio or video recordings in accordance with industry standards for similar performing arts groups.
EB-1B visa - for eminent professors or researchers
A professor* or researcher** who is internationally recognized as an outstanding specialist in a particular academic field can obtain this qualification and avoid a labor certification (PERM certification).
The Distinguished Researcher and Professor category is the primary category of the Employment-Based Immigrant Visa.
Qualification requirements:
An offer of employment for a permanent or temporary position, or a comparable "permanent" research position.
The U.S. Citizenship and Immigration Services defines a "permanent" position as a position "of an indefinite or indefinite duration in which the employee normally expects to continue working unless there is a compelling reason to leave." Visits and internships of employees, as well as research assistants, are not considered permanent. However, no proof of perpetual grant funding is required. Enough commitment to the department's position and personality indefinitely.
Recognizing that modern business practice is often in "optional" yearly contracts, USCIS does not require the contract to contain a "good cause" clause and will accept other evidence of permanence from an employer that demonstrates "an intent to continue seeking funding and a reasonable expectation of that funding will continue (eg demonstrated previous renewals for extended long-term research projects)."
Private Employers: If the employer is private, they must hire at least three full-time researchers and provide evidence that the department, unit, or institution has achieved documented academic excellence.
Government Agencies: Government agencies at the federal, state, or local level do not qualify as private employers and therefore can only qualify as applicants under EB-1B if they are “a US university or higher education institution.
The applicant must have three years of teaching or research experience in an academic field.
Teaching or research experience while working on a degree may be credited if the degree is completed. It is worth noting that the individual is solely responsible for the class being taught or the research has been recognized as outstanding in the academic field.
Research or teaching experience gained while earning an advanced degree, such as a PhD, may count towards the three-year requirement if:
The foreign applicant has already completed the degree. The foreign applicant (professor) must be solely responsible for the class taught, or (researcher) if the research carried out for the degree was recognized as outstanding in the academic field. The foreign applicant must document their work history with letters from current and/or former employers describing job duties and years of service.
National and international recognition of "outstanding" in the academic field.
The employee must meet at least two of the following criteria. The specific documentary requirements of these criteria for establishing international recognition are given below.
Evidence of major awards or awards for academic excellence.
Photocopies of prizes or awards.
A detailed explanation of the reputation or organization making the award, as well as the meaning of the award and the criteria used to select the recipient.
Certificate of membership in associations in the academic field that require outstanding achievement from their members.
Photocopies of membership certificates, letters of appointment or letters from associations that require outstanding achievement for membership.
Description of the mission of the association and the requirements to be met for membership (charter of the organization or letter of clarification)
Evidence of published materials in professional publications written by others about the work of a scientist in the academic field.
Explaining how important the work is in a given area is essential.
According to the USCIS Nebraska Service Center, "an ungraded listing in an index or footnote, or reference to a work without a grade, is not enough." They require the publication of materials in international professional journals written by others (not former or current colleagues) about the applicant, which indicate the specific name of the applicant.
Submit photocopies of title pages of publications and pages bearing the employee's name, including footnotes, with the title and date of publication.
Please highlight the employee's name on all pages where it appears.
Evidence of participation, individually or as part of a group, as a judge of the work of others in the same or related academic field.
A photocopy of the lists of editors, letters with requests for reviewing publications, letters of thanks, certificates from the leadership of Ph.D. students and so on
Please highlight the employee's name where it appears.
An explanation of the criteria for selection as an expert, reviewer, and so on, including widespread recognition or outstanding achievement in that field.
Evidence of original scientific or research contributions to the academic field.
Submit a complete list of professional presentations, patents, and so on.
Date, place, lists of speakers, selection criteria, photocopies of invitations, conference documents, etc.
Please highlight the name of the foreign scientist where it occurs.
Evidence of the importance of such contributions, as well as the significance of a particular conference or event for the area.
According to the USCIS service center in Nebraska, "the evidence that those outside the scientist's circle of colleagues and acquaintances is especially valuable."
Certificates of authorship of scientific books or articles (in scientific journals with international circulation) in the scientific field.
Complete list of publications.
Photocopies of the title page and / or first page of the publication indicating the title of the article / book, journal title, date, volume and author.
If the publications in point 6 also apply to point 5, you can also include explanations.
Highlight the name of the employee where it is listed as the author.
It is important to explain the meaning of the publications in which they appeared, their circulation, and the process of selecting articles.
*Example - eminent professor:
Dr. Ridley was offered a permanent teaching position as professor of etymology at the university.
Dr. Ridley is internationally recognized as a distinguished professor of etymology. He has been teaching and researching in this area for over three years.
Dr. Ridley qualifies as a "Distinguished Professor" as he is internationally recognized in his field (etymology), has at least three years of relevant teaching experience, and has been offered a permanent teaching position.
To be internationally recognized as an outstanding researcher or professor in your field, at least two of the following types of evidence are required:
Receiving major prizes or awards for outstanding achievement.
Membership in associations that demand outstanding achievement from their members.
Publication of materials in professional publications written by others about the work of a foreigner (more than just citing the work of a foreigner).
Participation as a judge (individually or as part of a panel) evaluating the work of others in the same area or concentration.
An original scientific, academic, or artistic contribution to the field.
Evidence of authorship of scientific books/articles in journals with international circulation.
**Example - distinguished researcher:
Dr. Gray has been working in the field of astrophysics for over 10 years.
Dr. Gray was offered a permanent research position as a research assistant at the university.
Dr. Gray has made original contributions to the field of astrophysics and professional papers have been published on his work.
Dr. Gray is world renowned as an outstanding researcher in the field of astrophysics.
Dr. Gray qualifies as an "Outstanding Researcher" because he has at least three years of relevant research experience, has been offered a permanent research position, and has an outstanding reputation in his field (astrophysics).
Permanent job offer:
A permanent job offer is one where the employee has reasonable expectations of future employment.
As a rule, all job offers are considered permanent, with the exception of contract positions, which specify a specific duration of employment.
A part-time job is considered a permanent job offer, provided there is no fixed date of termination.
EB-1C visa - for international executives and managers
Advantages:
No Labor Certificate (PERM) required.
Who can apply for a visa?
A U.S. employer that is a multinational enterprise, or a U.S. subsidiary or affiliate of a multinational enterprise, may file I-140 petitions on behalf of foreign employees who, under USCIS definitions, qualify as executives or managers.
A "multinational business" is a business that does business in two or more countries, one of which is the United States. An employer in the United States must have been in business for at least one year.
To qualify as a manager, an employee must:
Lead the management of the organization, head one of the departments or departments of the organization;
Have the authority to approve the goals and policies of an organization, department, or division;
Have the right to vote in making management decisions; and
Be under control only from senior management, the board of directors, or shareholders of the organization.
To qualify as a manager, an employee must:
Manage an organization, division, department, or division of an organization;
Supervise and control the work of other managers, deputies or other employees or perform key work in the organization, department or division of the organization;
Have the authority to hire and fire subordinates, recommend them for promotions or other personnel changes, or (if there are no immediate superiors) to work at the highest level in the organizational hierarchy; and
Manage day-to-day operations.
Personnel management is not essential for qualification in this category.
A foreign employee may supervise the work of other employees, subordinates, or managers, or perform important functions in an organization, department or division of an organization.
If an employee directly supervises other employees, then he should have the right to hire and fire or carry out other personnel changes, such as promotions or layoffs.
If the foreign employee does not supervise other employees, then he must perform his functions at the managerial level in the organization or in relation to the unit, supervising the day-to-day operations.
Requirements:
If the alien is outside the United States, they must have worked outside the United States for at least one year in the past three years in an executive or executive position with a firm, corporation, or other legal entity, or an affiliate or subsidiary thereof.
If the alien is already in the U.S. and working for the same employer, or for a subsidiary or affiliate of the firm, corporation, or other legal entity for which the alien worked abroad, he/she must be employed by that organization abroad in a management or executive role in for at least one year out of the three years preceding his/her entry as a non-immigrant.
Submission procedure:
Form I-140 USCIS is filed along with the company's financial statement, proof that the US employer has been in business for at least one year, proof that the foreigner has worked for the US company for at least one of the past 3 years. years, as well as a job offer letter stating that the foreigner will be hired in an executive or managerial position and clearly describing the duties to be performed by the foreigner.
An employment-based immigration visa: First Preference EB-1
The EB-1 visa category is primarily intended for individuals with unique talents in their fields. To obtain this visa, you must be a person with extraordinary abilities (EB-1A), a professor or researcher (EB-1B), or a manager or executive of an international company (EB-1C). If you belong to one of these categories, you have the right to apply for a first preference work visa.
Furthermore, each category has specific requirements that must be met in accordance with US law:
EB-1A Visa - for individuals with extraordinary abilities
The EB-1A visa is exclusively for creative individuals. If you have extraordinary abilities in the fields of science, art, education, sports, or business, then this visa was created for you.
This category of individuals is the first category for a simple reason: professionals in the aforementioned professions have not only the highest degree of qualifications, but also unique talents and achievements in various fields of activity. It should be noted that candidates do not require an employer to obtain this type of visa. They can apply independently, without outside assistance.
To obtain an EB-1A visa, you must meet at least three of the ten categories:
receipt of national or international prizes, certificates, or awards for outstanding abilities in the profession;
membership in professional associations that only accept individuals with unique and outstanding abilities;
publications in professional publications or other media sources known at the national or international level about the foreigner's work;
serving as a judge of the work of others in this specialty (as a judge, jury, or expert panel).
Demonstration of work in the professional field that has contributed to the industry, such as written articles, creating computer programs and applications, proposed and accepted ideas, managing specific groups of employees, and so on. These proofs can be presented in the form of written statements from people who have worked with the applicant in the past;
professional articles published by the applicant;
work exhibited in art exhibitions or showcases.
holding an important position in an organization with a well-deserved reputation at the national or international level
receiving a high salary compared to the average for the profession. This serves as a high indicator of the applicant's services' value;
evidence of commercial success in the arts.
If you do not have the above evidence, you can provide other achievements (proofs) that confirm your abilities in your profession. Continued in the next post!
Let's consider each item separately.
Receiving national or international prizes.
What is considered a national or international award for the EB-1A first preference category of the employment-based visa?
The documentation should specify the criteria for receiving the award, as well as the number of people who competed for it. Letters from the awards committee with these facts will be sufficient.
On a scale, the award should be national or international in scope. When determining the nature of the prize or award, relevant considerations will include, among other things, the number of laureates or prize recipients, as well as any regional restrictions for participants.
Prizes or awards bestowed upon a foreigner with outstanding abilities should be prestigious, national, or international awards. The applicant must be able to provide evidence of its significance. For example, how many people participated in the competition, how many people were nominated for the award, as well as the competition criteria, including recognition at the national or international level.
Some award ceremonies have different categories of awards, including age categories.
The award must be for outstanding achievements in the field of activity.
What is NOT considered a national or international award for EB-1A?
Awards received at the student level are NOT considered.
Grants for travel and scholarships for further education are NOT considered awards.
Awards received during education have LESS evidentiary value than awards received during work as a professional in the field.
Second and/or third place.
Being only nominated for an award.
Local or regional award.
Nomination for an award does not carry as much weight as actually receiving the award.
Nomination or award may be given to a group of which the applicant is a part (the nomination or award does not necessarily have to be given to an individual).
What documentation should you provide to USCIS as evidence of a national or international award for EB-1A?
A copy of each prize or award certificate; or
Clear photograph of each prize or award; or
Public announcement of prizes or awards issued by the providing organization.
Documentary evidence confirming the following:
Criteria used for awarding prizes or awards; (A letter from the awarding committee specifying the criteria for receiving the award, as well as the number of contenders vying for it.)
The significance of the prizes or awards, including national or international recognition that is awarded to the prizes or awards; (Evidence of evaluation criteria. Media coverage verifying the degree of national or international prestige associated with the award.)
The reputation of the organization or jury awarding the prizes or awards;
Who is considered for the prizes or awards, including the geographic scope for which candidates may apply;
The number of prizes or awards given each year; as well as,
Past recipients of the award.
Media coverage of foreign nationals receiving national prizes in their country of origin.
It is important to include not only evidence of the award, but also evidence that the award is significant in the field. This may include evaluation criteria or evidence of media coverage. The award should carry a certain degree of national or international prestige.
Membership in professional associations
What is considered membership in an association for the EB-1A first preference category of the employment-based visa?
For membership to meet the requirements, it must have a higher standard of selection for admission to the association.
Membership should be in an association that requires outstanding achievements as a primary condition to become a member.
The beneficiary's outstanding achievements served as the basis for granting membership in the opinion of recognized national or international experts in their disciplines or fields.
The association must be related to the beneficiary's field of activity.
What is NOT considered membership in the relevant association for the EB-1A first preference category of the employment-based visa?
Membership in an organization that is based solely on educational level or years of experience in a particular field. This does not meet the requirements.
If membership requirements are based on employment or activity in a particular field. For example, based on a fixed minimum education; based on test results; based on an average score. In this case, they will NOT be accepted as a qualifying association.
What documentation should you provide to USCIS as evidence of membership in an association for the EB-1A first preference category of the employment-based visa?
Evidence that membership in the association is exclusive, that membership is limited exclusively to those who have been evaluated by their peers as having outstanding achievements in the field for which a high classification is required.
The section of the association's bylaws or articles discussing membership criteria for the beneficiary's level of membership in the association.
What is considered published material in the context of an EB-1A petition?
The material must have been published in a professional or major trade publication or other major media outlet (CМИ).
The material must be about the beneficiary and the beneficiary's work in the field for which EB-1A classification is sought.
What is NOT considered published material in the context of an EB-1A petition?
Marketing materials created for the purpose of selling the beneficiary's products or promoting the beneficiary's services are generally not considered published materials about the beneficiary.
Unreviewed listings in a subject index or footnote, or references to the beneficiary's work without evaluation, are not sufficient.
What documentation should you provide to USCIS as evidence of published materials for an EB-1A petition?
Documentation, including:
The title, date, and author of the published material;
The circulation (online and/or print); and
The target audience of the publication.
Published materials related to the beneficiary and the beneficiary's work in the field.
Documentation showing that the presented published material was primarily about the beneficiary and their work in the field.
Note: The evidence presented must match the format of the media in which it was published. If the material was published online, the evidence must relate to the website. If the material was published in print, the evidence must relate to the print publication.
Note: Published materials must be dedicated to the beneficiary's work in the field, not just the beneficiary's employer or other organizations with which the beneficiary is associated.
Judging the work of others
What is considered individual or group participation as a judge for EB-1A?
The evidence presented must demonstrate that the beneficiary actually participated in the evaluation of others' work.
What documentation should you provide to USCIS as evidence of individual or expert participation as a judge for EB-1A?
Evidence confirming that the beneficiary actually participated in the evaluation of others' work for which they were invited.
This is considered a "subjective" category and can therefore be more difficult to prove. There are no other options except to use other evidence.
Contribution to the Industry
What is considered an original scientific, academic, artistic, athletic, or business contribution of great significance for EB-1A?
Original scientific, academic, artistic, athletic, or business contributions must be of great significance in the field of endeavor.
What is NOT considered an original scientific, academic, artistic, athletic, or business contribution of great significance for EB-1A?
General statements about the importance of the effort are not sufficient.
What documentation must you provide to USCIS as evidence of an original scientific, academic, artistic, athletic, or business contribution of great significance for EB-1A?
Objective documentary evidence of the beneficiary's contribution to the field.
Documentary evidence that people around the world currently consider the beneficiary's work to be important.
Expert testimonials and/or support letters discussing the beneficiary's significant contribution.
Evidence that the beneficiary's significant contribution(s) has generated widespread public acclaim in the field or has been widely cited.
Evidence that the beneficiary's work is being used by others. Possible evidence may include, but is not limited to:
Contracts with companies using the beneficiary's product or licensed technology used by others.
Patents currently in use that have demonstrated their significance in the field.
Note: If letters and testimonials are provided, they should contain as much detail as possible about the beneficiary's contribution and explain in detail how the contribution was "original" (not just a copy of others' work) and how it was of "major" significance.
General statements about the importance of the effort are unfortunately insufficient.
Self-Published Professional Articles
What is considered evidence of the beneficiary's authorship of scientific articles for EB-1A?
If the scientific article has been cited or reviewed, it can be used. However, evidence of citation(s) and/or reviews is required.
What is NOT considered evidence of the beneficiary's authorship of scientific articles for EB-1A?
An incomplete list of scientific articles.
Articles that are not scientific.
Articles that have not been cited or reviewed.
Articles that are not published in professional or major industry publications or other major media outlets.
What documentation should you provide to USCIS as evidence of the beneficiary's authorship of scientific articles for EB-1A?
Search results for scientific literature on websites (SciFinder or Google Scholar) where the beneficiary is listed as the author, the title of the article, and the journal in which it was published; or
Paper copies of the beneficiary's articles.
Full articles are not required.
For each article, the applicant only needs to provide pages necessary to display:
The beneficiary as the author;
The title of the article; and
The journal in which it was published.
Documentary evidence that the beneficiary's articles were written and intended for reading by scientists in the field.
Documentary evidence that the publications in which the articles are published are professional publications, trade publications, or other major media outlets.
Such evidence may include circulation information.
If circulation information is provided, it must be specific to the media format in which it was published. That is, if the article was published online, the evidence must relate to the website. If it was published in print, the evidence must relate to the print publication.
Evidence of citations and/or expert evaluation.
Artwork was shown in exhibitions or showcases.
What is considered evidence of your work in art exhibitions or showcases for EB-1A?
You must establish that the presented work product belongs to you.
You must establish that the place(s) (virtual or otherwise) where your work was presented were art exhibitions or showcases.
What is NOT considered evidence of your work at art exhibitions or showcases for EB-1A?
If your participation in the art exhibition or showcase was minor (i.e. a supporting role).
What documentation should you provide to USCIS as evidence of your work at art exhibitions or showcases for EB-1A?
First and foremost, proof that the work was created by you.
Materials created for the promotion of your artistic work.
Records of sales in which you are listed as the creator of the sold works.
Evidence that the place (virtual or otherwise) where your work was presented was an art exhibition or showcase.
Materials created for the promotion and advertisement of art exhibitions or showcases.
What is considered evidence of performing a managerial or critical role in organizations or institutions that have an outstanding reputation for EB-1A?
The organization or institution must have an outstanding reputation.
You must play a leading or decisive role in the organization or institution.
What is NOT considered evidence of performing a managerial or critical role in organizations or institutions that have an outstanding reputation for EB-1A?
If your role was not leading or critical to the organization.
If the organization or institution does not have an outstanding reputation.
What documentation should you provide to USCIS as evidence that you played a leading or important role in organizations or institutions with outstanding reputations?
Evidence that confirms the outstanding reputation of the organization or institution in which the beneficiary performed managerial or critical functions. The evidence must document the prominence, distinction, or superiority of the organization or institution.
Documentary evidence demonstrating how the beneficiary's role was or is leading or decisive for the organization or institution.
If the beneficiary has a leading role, the evidence must establish that the beneficiary is a leader.
The position with corresponding responsibilities can help determine if the role was (or is) truly leading.
If it is a critical role, the evidence must confirm that the beneficiary made a significant contribution to the organization or institution's results.
A supporting role can be considered "critical" if the beneficiary's work in that role is significant.
The title of the beneficiary's role is not as important as the actual performance of that role in determining whether it was (or is) critical.
Letters from individuals personally familiar with the importance of the beneficiary's leading or decisive role.
The letters should contain detailed and demonstrative information specifically related to how the beneficiary's role for the organization or institution was (or is) leading or decisive.
Detailed information should include specific tasks or achievements of the beneficiary compared to others engaged in similar activities in the field.
Obtaining a High Salary
What is considered evidence that someone has received a high salary or other significantly higher compensation for services compared to others in the field for EB-1A?
Pay stubs or receipts in the form of official government tax returns (such as W-2 forms, 1099 forms, or other foreign equivalent forms).
Only base salary should be considered.
Salary must be higher than 90% of comparable salary data.
Geographic or occupational salary surveys and organizational justifications for payments in excess of salary data.
Three websites that may be helpful in evaluating the evidence submitted by the applicant:
Bureau of Labor Statistics (BLS):
http://www.bls.gov/bls/blswage.htm
Department of Labor's CareerOneStop website:
http://www.careeronestop.org/SalariesBenefits/Sal_default.aspx
Foreign Labor Certification Data Center's online wage library:
http://www.flcdatacenter.com
Payscale.com and Glassdoor.com also provide statistics to show that the applicant's salary is significantly higher than 90% of comparable salary data.
What is NOT considered evidence that someone has received a high salary or other significantly higher compensation for services compared to others in the field for EB-1A?
Perks (such as tuition reimbursement, health/medical service payments, profit sharing incentives, stock options, 401(k) contributions, etc.)
Bonuses MAY be considered as part of compensation, ONLY if the applicant actually received bonuses, and they are included in the section of total salary in individual tax returns.
What documentation do you need to provide to USCIS as evidence that you received a higher salary or other significant service award than others in the field for EB-1A?
The tax documents of the applicant for the years in which the beneficiary received a high salary in the field of activity.
Alternatively, the applicant may provide similar foreign tax documents showing annual wages earned outside the United States.
Usually, the media report particularly high salaries received by others in the beneficiary's field.
A list compiled by a credible professional organization(s) with the highest incomes in their field.
Relevant geographic or positional compensation studies;
Organizational rationale for the payment of the above compensation data;
Information from the United States Department of Labor or similar sources showing wage comparisons within states, between states, and so on. (see note below).
Note: In general, information on prevailing wage rates from the US Department of Labor does not determine if a wage or other remuneration is "significantly" higher than that of others in the field.
If information is provided about the prevailing US Department of Labor wage rate, then it must be accompanied by other supporting evidence showing that the wage rate is high compared to others working in the field. (See examples above).
evidence of commercial success in art
What is considered proof of the commercial success of the EB-1A in the performing arts?
Cash fees; or,
Checks from the sale of audio or video recordings demonstrating excellence in the performing arts.
Note: This criterion focuses on sales and box office receipts as a measure of a beneficiary's commercial success in the performing arts.
In the event that the beneficiary has simply recorded and released musical collections or participated in theatrical, film or television productions, then this is not enough.
Evidence must show that sales and box office returns reflect the commercial success of the beneficiary compared to others involved in similar performing arts pursuits.
The applicant must be sufficiently and closely associated with the cause of commercial success.
Authors of successful performing arts will qualify for this.
USCIS will consider the relativity of an artist's work and success compared to other artists in the same field.
What is NOT considered proof of the commercial success of the EB-1A in the performing arts?
Be a fellow band member as it's hard to prove that you were the reason for the commercial success.
What documentation do you need to submit to USCIS as evidence of the commercial success of performing arts for EB-1A?
Cash fees; or receipts for the sale of audio or video recordings demonstrating excellence in the performing arts.
Comparison of your box office; or receipts for the sale of audio or video recordings in accordance with industry standards for similar performing arts groups.
EB-1B visa - for eminent professors or researchers
A professor* or researcher** who is internationally recognized as an outstanding specialist in a particular academic field can obtain this qualification and avoid a labor certification (PERM certification).
The Distinguished Researcher and Professor category is the primary category of the Employment-Based Immigrant Visa.
Qualification requirements:
An offer of employment for a permanent or temporary position, or a comparable "permanent" research position.
The U.S. Citizenship and Immigration Services defines a "permanent" position as a position "of an indefinite or indefinite duration in which the employee normally expects to continue working unless there is a compelling reason to leave." Visits and internships of employees, as well as research assistants, are not considered permanent. However, no proof of perpetual grant funding is required. Enough commitment to the department's position and personality indefinitely.
Recognizing that modern business practice is often in "optional" yearly contracts, USCIS does not require the contract to contain a "good cause" clause and will accept other evidence of permanence from an employer that demonstrates "an intent to continue seeking funding and a reasonable expectation of that funding will continue (eg demonstrated previous renewals for extended long-term research projects)."
Private Employers: If the employer is private, they must hire at least three full-time researchers and provide evidence that the department, unit, or institution has achieved documented academic excellence.
Government Agencies: Government agencies at the federal, state, or local level do not qualify as private employers and therefore can only qualify as applicants under EB-1B if they are “a US university or higher education institution.
The applicant must have three years of teaching or research experience in an academic field.
Teaching or research experience while working on a degree may be credited if the degree is completed. It is worth noting that the individual is solely responsible for the class being taught or the research has been recognized as outstanding in the academic field.
Research or teaching experience gained while earning an advanced degree, such as a PhD, may count towards the three-year requirement if:
The foreign applicant has already completed the degree. The foreign applicant (professor) must be solely responsible for the class taught, or (researcher) if the research carried out for the degree was recognized as outstanding in the academic field. The foreign applicant must document their work history with letters from current and/or former employers describing job duties and years of service.
National and international recognition of "outstanding" in the academic field.
The employee must meet at least two of the following criteria. The specific documentary requirements of these criteria for establishing international recognition are given below.
Evidence of major awards or awards for academic excellence.
Photocopies of prizes or awards.
A detailed explanation of the reputation or organization making the award, as well as the meaning of the award and the criteria used to select the recipient.
Certificate of membership in associations in the academic field that require outstanding achievement from their members.
Photocopies of membership certificates, letters of appointment or letters from associations that require outstanding achievement for membership.
Description of the mission of the association and the requirements to be met for membership (charter of the organization or letter of clarification)
Evidence of published materials in professional publications written by others about the work of a scientist in the academic field.
Explaining how important the work is in a given area is essential.
According to the USCIS Nebraska Service Center, "an ungraded listing in an index or footnote, or reference to a work without a grade, is not enough." They require the publication of materials in international professional journals written by others (not former or current colleagues) about the applicant, which indicate the specific name of the applicant.
Submit photocopies of title pages of publications and pages bearing the employee's name, including footnotes, with the title and date of publication.
Please highlight the employee's name on all pages where it appears.
Evidence of participation, individually or as part of a group, as a judge of the work of others in the same or related academic field.
A photocopy of the lists of editors, letters with requests for reviewing publications, letters of thanks, certificates from the leadership of Ph.D. students and so on
Please highlight the employee's name where it appears.
An explanation of the criteria for selection as an expert, reviewer, and so on, including widespread recognition or outstanding achievement in that field.
Evidence of original scientific or research contributions to the academic field.
Submit a complete list of professional presentations, patents, and so on.
Date, place, lists of speakers, selection criteria, photocopies of invitations, conference documents, etc.
Please highlight the name of the foreign scientist where it occurs.
Evidence of the importance of such contributions, as well as the significance of a particular conference or event for the area.
According to the USCIS service center in Nebraska, "the evidence that those outside the scientist's circle of colleagues and acquaintances is especially valuable."
Certificates of authorship of scientific books or articles (in scientific journals with international circulation) in the scientific field.
Complete list of publications.
Photocopies of the title page and / or first page of the publication indicating the title of the article / book, journal title, date, volume and author.
If the publications in point 6 also apply to point 5, you can also include explanations.
Highlight the name of the employee where it is listed as the author.
It is important to explain the meaning of the publications in which they appeared, their circulation, and the process of selecting articles.
*Example - eminent professor:
Dr. Ridley was offered a permanent teaching position as professor of etymology at the university.
Dr. Ridley is internationally recognized as a distinguished professor of etymology. He has been teaching and researching in this area for over three years.
Dr. Ridley qualifies as a "Distinguished Professor" as he is internationally recognized in his field (etymology), has at least three years of relevant teaching experience, and has been offered a permanent teaching position.
To be internationally recognized as an outstanding researcher or professor in your field, at least two of the following types of evidence are required:
Receiving major prizes or awards for outstanding achievement.
Membership in associations that demand outstanding achievement from their members.
Publication of materials in professional publications written by others about the work of a foreigner (more than just citing the work of a foreigner).
Participation as a judge (individually or as part of a panel) evaluating the work of others in the same area or concentration.
An original scientific, academic, or artistic contribution to the field.
Evidence of authorship of scientific books/articles in journals with international circulation.
**Example - distinguished researcher:
Dr. Gray has been working in the field of astrophysics for over 10 years.
Dr. Gray was offered a permanent research position as a research assistant at the university.
Dr. Gray has made original contributions to the field of astrophysics and professional papers have been published on his work.
Dr. Gray is world renowned as an outstanding researcher in the field of astrophysics.
Dr. Gray qualifies as an "Outstanding Researcher" because he has at least three years of relevant research experience, has been offered a permanent research position, and has an outstanding reputation in his field (astrophysics).
Permanent job offer:
A permanent job offer is one where the employee has reasonable expectations of future employment.
As a rule, all job offers are considered permanent, with the exception of contract positions, which specify a specific duration of employment.
A part-time job is considered a permanent job offer, provided there is no fixed date of termination.
EB-1C visa - for international executives and managers
Advantages:
No Labor Certificate (PERM) required.
Who can apply for a visa?
A U.S. employer that is a multinational enterprise, or a U.S. subsidiary or affiliate of a multinational enterprise, may file I-140 petitions on behalf of foreign employees who, under USCIS definitions, qualify as executives or managers.
A "multinational business" is a business that does business in two or more countries, one of which is the United States. An employer in the United States must have been in business for at least one year.
To qualify as a manager, an employee must:
Lead the management of the organization, head one of the departments or departments of the organization;
Have the authority to approve the goals and policies of an organization, department, or division;
Have the right to vote in making management decisions; and
Be under control only from senior management, the board of directors, or shareholders of the organization.
To qualify as a manager, an employee must:
Manage an organization, division, department, or division of an organization;
Supervise and control the work of other managers, deputies or other employees or perform key work in the organization, department or division of the organization;
Have the authority to hire and fire subordinates, recommend them for promotions or other personnel changes, or (if there are no immediate superiors) to work at the highest level in the organizational hierarchy; and
Manage day-to-day operations.
Personnel management is not essential for qualification in this category.
A foreign employee may supervise the work of other employees, subordinates, or managers, or perform important functions in an organization, department or division of an organization.
If an employee directly supervises other employees, then he should have the right to hire and fire or carry out other personnel changes, such as promotions or layoffs.
If the foreign employee does not supervise other employees, then he must perform his functions at the managerial level in the organization or in relation to the unit, supervising the day-to-day operations.
Requirements:
If the alien is outside the United States, they must have worked outside the United States for at least one year in the past three years in an executive or executive position with a firm, corporation, or other legal entity, or an affiliate or subsidiary thereof.
If the alien is already in the U.S. and working for the same employer, or for a subsidiary or affiliate of the firm, corporation, or other legal entity for which the alien worked abroad, he/she must be employed by that organization abroad in a management or executive role in for at least one year out of the three years preceding his/her entry as a non-immigrant.
Submission procedure:
Form I-140 USCIS is filed along with the company's financial statement, proof that the US employer has been in business for at least one year, proof that the foreigner has worked for the US company for at least one of the past 3 years. years, as well as a job offer letter stating that the foreigner will be hired in an executive or managerial position and clearly describing the duties to be performed by the foreigner.
obtaining a visa
Steps for
On the basis of your results, our staff will offer you possible options
The immigration service will make a final decision on the approval of your visa*
After signing the services agreement, we will help you prepare the petition and supporting documents, file the petition, and provide support in case of an RFE (Request for Further Evidence)
Take a test to assess your chances of visa approval
* The immigration service reserves the right to deny visa approval and, as a result, we do not provide any guarantees of approval and are not responsible for the denial of a visa
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