You may be qualified for an employment-based, first-preference visa if you are an alien of amazing capability, are an impressive teacher or scientist, or are a specific international executive or supervisor. Each occupational category has particular requirements that should be satisfied:
Your petitioning company must be a U.S. employer and plan to use you in a managerial or executive capacity. The petitioner must have been doing company in the U.S. for a minimum of 1 year, as a legal entity with a certifying relationship to the entity that employed you abroad in a managerial or executive capacity.
No labor accreditation is required.
* Criteria for Demonstrating Extraordinary Ability
In order to show you have actually sustained national or global acclaim which your achievements have been recognized in your field of know-how, you need to either consist of evidence of a one-time accomplishment (major internationally-recognized award) or 3 of the 10 listed requirements below (or equivalent proof if any of the criteria do not readily apply):
- Evidence of invoice of lower nationally or worldwide acknowledged rewards or awards for quality
- Evidence of your subscription in associations in the field which require impressive achievement of their members
- Evidence of released product about you in expert or major trade publications or other major media
- Evidence that you have actually been asked to judge the work of others, either separately or on a panel
- Evidence of your original scientific, academic, artistic, athletic, or business-related contributions of significant significance to the field
- Evidence of your authorship of scholarly articles in expert or significant trade publications or other significant media
- Evidence that your work has been displayed at artistic exhibitions or showcases
- Evidence of your efficiency of a leading or critical role in prominent organizations
- Evidence that you command a high income or other considerably high reimbursement in relation to others in the field
- Evidence of your commercial successes in the carrying out arts
For more details on Extraordinary Ability, read our policy in Volume 6, employment Part F, Chapter 2, of the USCIS Policy Manual.
** Examples of Documentary Evidence That a Person is an Exceptional Professor or Researcher
In order to demonstrate you are an impressive teacher or researcher, you need to consist of evidence of 2 of the 6 listed criteria listed below (or similar evidence if any of the requirements do not easily apply):
- Evidence of invoice of significant prizes or awards for outstanding achievement
- Evidence of membership in associations that need their members to show impressive achievement
- Evidence of released product in professional publications composed by others about the alien's work in the academic field
- Evidence of involvement, either on a panel or separately, as a judge of the work of others in the very same or allied academic field
- Evidence of original clinical or scholarly research study contributions in the field
- Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
For more details on Outstanding Professors and Researchers, read our policy in Volume 6, Part F, Chapter 3, of the USCIS Policy Manual.
To find out more on Multinational Executives or Managers, read our policy in Volume 6, Part F, Chapter 4, of the USCIS Policy Manual.
Application Process
Extraordinary Ability: You might obtain yourself by submitting a Kind I-140, Petition for Alien Worker.
Outstanding Professors and Researchers: Your U.S. employer should submit a Form I-140, Petition for Alien Worker. As part of the application process, your company needs to be able to demonstrate a continuing ability to pay the provided wage as of the priority date. Your company might use an annual report, federal tax return, or audited monetary declaration to demonstrate a continuing capability to pay your wage.
Multinational Manager or Executive: Your U.S. company must file USCIS Form I-140, Petition for Alien Worker. As part of the application procedure, your employer needs to be able to demonstrate a continuing capability to pay the offered wage since the concern date. Your employer might utilize an annual report, federal income tax return, or audited financial declaration to show a continuing ability to pay your wage.
