Does your extraordinary ability qualify you for an EB-1 visa?

If it has been your goal to come to the U.S., you may have begun your quest years ago by obtaining special skills or education that would qualify you for an employment visa. Employment visas allow you to live and work in the U.S. for a certain period of time, enjoying many of the benefits of permanent residency.

The U.S. government offers a limited number of employment visas, and since the United States Citizenship and Immigration Services divides these into several categories, you would be wise to learn all you can about the process and the eligibility requirements. EB-1 visas have the highest priority.

Three options available

Because you have certain extraordinary skills and documentation to show your experience and expertise, you may qualify for an EB-1 visa. EB-1 visas get first preference during the immigration process, and the USCIS divides this category into three sub-categories, including:

  • Extraordinary ability in arts, sciences and other fields
  • Outstanding achievement in education or research
  • Capabilities and experience as a manager or executive

Each category has its own requirements for eligibility and procedures for seeking a visa.

An overview of the EB-1 categories

If you have extraordinary ability and national acclaim in the arts, athletics, business, education or science, you must demonstrate this through documentation of your accomplishments. This can include winning national or international prizes in your field, publishing articles of scholarship, earning a significantly high salary for your work or other evidence of success. You do not have to have a job offer to apply for a visa of this type.

After at least three years of research or teaching, you may have gained recognition in your home country or beyond for your accomplishments in your field of study. If your achievements have garnered an offer for a tenure track teaching position or research opportunity in the U.S., you may qualify for an EB-1 visa for outstanding teachers and researchers.

Your work as a manager or executive in a multinational corporation may mean your company wishes to send you to one of its affiliates or subsidiaries in Indiana. If so, you will need to obtain an EB-1 visa by having your employer provide the USCIS with proof that you have worked for the company at least a year and that you will remain employed by that corporation while in the U.S.

Seeking assistance

No immigration process is easy, and the complexity of the eligibility requirements for an EB-1 visa may seem overwhelming. Many in your position reach out for help from a skilled attorney who has experience in immigration law.

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