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DownloadLearn more about how the immigration process works and help you with your immigration concerns and questions. The Charleston USA Immigration Law Center is here to support you in your goal to become a United States citizen.

EB-1 Visa, Persons of Extraordinary Ability, Permanent Residency (Green Card)

This is a first preference immigrant category of visa. We love winners and America loves to welcome the smartest and most accomplish immigrants to our shores. It strengthens or work force, is good for both business and is good for defense. This employment category does just that. No waiting, no Labor Certification, just prove you have either "extraordinary ability" in the sciences, arts, business, education or athletics, are an "outstanding" professor or researcher or a multinational executive or manager and your employer can petitioner for you. But remember, "with immigration nothing is as simple as it first appearsâ„ ."

To qualify for one of the 40,000 annual visas you have demonstrate:

Extraordinary Ability
You are the truly gifted, the world's best, geniuses, superstars and the like in athletics, business, education & sciences. Won; the Nobel Prize, World Cup, The Masters, Olympic Medal, a Westinghouse, an Academy Award, Pulitzer, found a cure for cancer or run the foreign equivalent of Facebook? Then, this is your ticket into the U.S. Or just be the tops in your field with the highest level of expertise in an approved area with adequate documentation. Specialized knowledge is not acceptable to satisfy these positions. Evidence of this highest level of expertise can be in the form of:

  • Receipt of national or internationally recognized awards,
  • Membership in associations of like-minded and accomplished individuals,
  • Citations in professional publications,
  • Acting as a judge of your peers,
  • Author of scholarly articles in trade journals,
  • Prior employment in similar positions,
  • Display of work at artistic exhibitions at more than 1 country,
  • Prior extraordinarily high salaries for services rendered.

Outstanding Professor and Researcher
Alright, no Nobel Prize in science or a Westinghouse Award. Then just be a top professor or researcher in your field. Outstanding among your peers by:

  • Receiving some top awards,
  • Authorship of scholarly books and articles,
  • Mention of your outstanding accomplishments in your peers publications,
  • Membership in elite professional organizations.
  • Recognized judge of your peers work

Multinational Executive
You must oversee the daily operations or a significant portion of them for a company and have done so for 1 year of the previous 3 years and are being transferred to do so in the U.S. The size of the business is relevant to the USCIS. These daily operations include:

  • A position where the employee receives direction form a board of directors,
  • Directs management of the organization,
  • Establishing goals and policies,
  • Having a wide latitude in decision making,

Multinational Manager
You must manage the daily operations or a significant portion of them for a company and have done so for 1 year of the previous 3 years and are being transferred to do so in the U.S. The size of the business is relevant to the USCIS. This management includes:

  • Supervision over upper level managing and supervising employees,
  • The authority to make personnel decisions,
  • Discretion over day to day activities and functions,
  • Control over organization of departments and subdivisions.

Submission Process for the EB-1 Visa

Those with extraordinary ability do not need an employer. If you are a professor or researcher you need to work for a university and if you are an executive or a manager then you need an employer and a job offer letter for full time employment, outlining job functions, dates and locations, which should be easy to secure. The job offer letter must contain numerous and detailed facts to be considered acceptable by the USCIS. Submission is by a USCIS Form I-140 petition, all accompanying documentation and paying all required filing fees. Premium processing service is available at and additional fee of $1,225. Upon approval, the alien can adjust status in the U.S. and obtain the permanent residency (green card). Spouses and children under 21 can work and attend schooling and will also be able to adjust status. If the applicant is outside the U.S. consular processing will be necessary.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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