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Jian Law Group

First preference Employment-Based immigrant visas (EB-1A, EB-1B and EB-1C visa):

 EB-1A extraordinary ability: Individuals who fall under this subcategory must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. The evidence of extraordinary ability may be provided by a one-time achievement (Oscar or Olympic Medal) or meet at least three of the following requirements.

     (1) Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence;
     (2) Individuals’ membership in associations in the field which demand outstanding achievement of their members;
     (3) Published material about individuals in professional or major trade publications or other major media;
     (4) Individuals have been asked to judge the work of others, either individually or on a panel;
     (5) Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
     (6) Authorship of scholarly articles in professional or major trade publications or other major media;
     (7) Individuals’ work have been displayed at artistic exhibitions or showcases;
     (8) Performance of a leading or critical role in distinguished organizations;
     (9) commanding a high salary or other significantly high remuneration in relation to others in the field;
     (10) Or commercial successes in the performing arts.

EB-1A category may be a better choice or a quicker way to obtain the U.S. residency status than the labor certification for those who have record of “sustained national or international reputation”; also under EB-1A, individuals will not need to have employers’ sponsorships nor jobs offer. This allows individuals to choose their employment freely without having to worry about the restrictions set forth under labor certification and jeopardy of the green card petitioning process.
Without the need to wait for “labor certification” and other restrictions, Jian Law group provides the best solution and analysis to our clients to see whether or not this category is applicable. Besides, with numerous successful visas obtained for our clients, we are confident to offer high standard consultation. For more information and all other inquires please contact us for prompting reply.  

EB-1B outstanding professors or researchers: Foreign nationals who are having international reputation for being outstanding in a particular academic field will fall under this subcategory. However, if foreign nationals are qualified for “outstanding professors or researchers”, individuals will also be granted a waiver of labor certification but employments offer must be needed. In order to qualify for “outstanding professors or researchers” according to the USCIS rules, individuals must have:

 (1) At least 3 years experience in teaching or research in specific academic area which individuals are specialized.  

 (2) “Permanent position” within a university or institution of higher education to conduct research in his/her area of expertise. Permanent position is considered as either tenured, tenure-track, or for an indefinite or unlimited duration.
 (3) International recognition for outstanding achievements in a particular academic field. Individuals must be able to achieve two factors from the lists below(according to the USCIS rules):
     a. Receipt of major prizes or awards for outstanding achievement in the academic field (individuals must be aware that the core part here is the proof for the importance of the award in the field);
     b. Membership in associations in the academic field;
     c. Published material in professional publications written by others about the alien's work in the academic field (must be national or international level);
     d. Participation as a Judge of the work of others:
     e. Original scientific or scholarly research contributions in the field;
     f. Authorship of scholarly books or articles in the field.

Jian Law Group reminds our clients that certain restrictions may apply under EB-1B visa; for example, “academic field” and “permanent job offer”. Academic field is referred to specialized knowledge offered for study at the U.S. accredited university or higher education, and permanent job offer is referred to as described above,either tenured, tenure-track, or for an indefinite or unlimited duration. Applying for Outstanding professors or researchers (EB-1B) visa may be a better choice than a long wait labor certification. 

With many successful visas granted and clients’ stories, we are glad to assist our clients for any concerns regarding EB-1B visa and turn the immigration process as smooth as possible. For more information and all other inquires please contact us for prompting reply.  

EB-1C multinational managers and executives: Foreign nationals who qualify for EB-1C visa must show that he/she was employed by a company affiliated with the current U.S. employer as an executive or manager outside the U.S. for at least one year out of the three years before the transfer to the United States. The requirements for EB-1C are very similar to non-immigrant visa L-1A.  Please referred to the related link under L-1A non-immigrant visa, individuals with L-1A status generally qualified for EB-1C subcategory. Individuals must be coming to the U.S. to work in an executive or managerial capacity, other requirements include:
(1) The foreign nationals must have been employed outside the United States in a managerial or executive capacity for at least one year in the three years prior to the filing of the petition (if the worker is currently in the U.S. working for the same prospective U.S. employer, the three year period is the time preceding the worker's entry to the U.S. as a non-immigrant);
(2) Individuals’ foreign employer must have been the same employer, an affiliate or a subsidiary of the prospective U.S. employer and such employer must have been doing business for at least one year.
Foreign nationals (managers/executives) who wish to obtain the U.S. green card and have met the above requirements may be eligible for petitioning the U.S. residency under EB-1C subcategory. This will be a better and a quicker way to obtain the residency than the labor certification. Although similar requirements apply to L-1A, the additional requirements for EB-1C are that petitioners must have assumed an executive or managerial position abroad, and the U.S. company must have been operated for at least one year.

Foreign nationals can enter the U.S. under E-1 or E-2 (referred to E visas) status and then petition for permanent residence under EB-1C once the U.S. company has been operated for at least one year. Jian Law Group offers detailed explanation regarding how to petition permanent residence through EB-1C for individuals holding different non-immigrant visas. For more information regarding this subcategory please contact us for prompt reply.

 

 

 

 

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