Employment Based Immigration

Employment Based Immigration Visas Preference Categories

EB-1 or the First Employment Based Preference Category:

The First Employment preference category is intended for those very few people who have risen to the very top of their field and will obviously contribute greatly to the American economy or culture.  The legal requirements for EB-1 Priority Workers with Extraordinary Ability are as follows:

An EB-1 Applicant who is applying for an immigration visa as a “priority worker” with “extraordinary ability” must provide evidence that:
(i) the alien has extraordinary ability in the sciences, arts, education, 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,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien’s entry into the United States will substantially benefit prospectively the United States.”  See 8 U.S.C. 1153(b)(1)(A).

In order to demonstrate “extraordinary ability” The immigrant applicant must provide evidence that he or she is at the “level of expertise indicating that” he or she is one of the small percentage who has risen to the very top of the field of endeavor.” See 8 CFR 204.5(h)(2). The immigrant applicant must provide initial evidence that he or she has “sustained national or international acclaim and that his or her achievements have been recognized” in the profession by either receiving a one time achievement or at least evidence of meeting three of the ten indicia as provided by 8 CFR 204.5(h)(3) as follows:

(i) Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field
of endeavor;
(ii) Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding
achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
(iii) Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in
the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary
translation;
(iv) Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
(v) Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
(vi) Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
(vii) Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;
(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
(ix) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in
the field; or
(x) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video
sales.

(4) If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish
the beneficiary’s eligibility.

A successful EB-1 Applicant can self-petition by filing the I-140 Petition with the I-485 Adjustment of Status Application.  A petitioning employer is not required for the EB-1 preference category.  While the requirements seem very straight forward the evidentary requirements are extensive and and EB-1 Petitons are very hard to get approved.

EB-2 or the Second Preference Employment Category:

The EB-1 or second preference employment category is intended for members of professions holding advanced degrees or otherwise possess exceptional ability.

To show that the alien is an alien of “exceptional ability” in the sciences, arts, or business, the petition must be accompanied by at least three of the following criteria as provided at 8 CFR 204.5(k)(3)(ii):

(A) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(B) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(C) A license to practice the profession or certification for a particular profession or occupation;
(D) Evidence that the alien has commanded a salary, or other renumeration for services, which demonstrates exceptional ability;
(E) Evidence of membership in professional associations; or
(F) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities,
or professional or business organizations.
(iii) If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence
to establish the beneficiary’s eligibility.