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Employment Based Visas


Employment-Based Immigration and the 5 Preference types

Employment is a usually used path to permanent resident status. There are 5 preference types for employment-based immigration:


First Preference: Priority workers/people of extraordinary ability — workers may show extraordinary ability in several fields, including education, science, art, business and athletics. Other workers in the first preference type include outstanding professors and researchers, and multinational executives and managers


Second Preference: Professionals with advance degrees and/or persons of exceptional ability


Third Preference: Professionals and skilled workers


Fourth Preference: Special immigrants including religious workers and court dependents


Fifth Preference: Investors and entrepreneurs


EB-1 Priority workers
EB-1 Visas
An EB-1 Immigrant visa is for priority workers such as people with extraordinary capability. Extraordinary ability may be demonstrated in a number of fields, including business, education, arts science, athletics and the. Other people who may qualify for an EB-1 visa include outstanding researchers and professors as well as certain executives and managers transferred to U.S. companies from multinational companies.


Eligibility Criteria:
You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification e.g. if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least 3 of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:


  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
  • Membership in associations in the field which demand outstanding achievement of their members;
  • Published material about the alien in professional or major trade publications or other major media;
  • Evidence that the alien has judged the work of others, either individually or on a panel;
  • Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
  • Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
  • Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
  • Performance of a leading or critical role in distinguished organizations;
  • Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
  • Evidence of commercial successes in the performing arts.

 

More information about this visa

 


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