Immigration Legal . Org

Am I an EB-1 priority worker for employment immigration?

| Nov 10, 2020 | Firm News

For people from foreign countries who want to come to Michigan or anywhere in the United States to work, it may be an intimidating prospect given the current political climate. However, there are rules in place and they allow people to enter the U.S. legally and get a job. Some people are granted special status based on their abilities. If they meet the threshold to be admitted under the First Preference Employment Based (EB-1) visa, it may be easier to live and work in the U.S. Understand the eligibility criteria is key. It might also be important to have legal advice to adhere to the rules and complete the process.

The different categories and evidence needed for EB-1 first preference

Many prospective foreign workers demonstrate extraordinary ability in their endeavors. This can be in business, art, science, education or athletics. There are subsets to these criteria they must meet. For example, if the person has received awards, been granted membership in associations limited to those of extraordinary ability, made major contributions to their field, authored scholarly articles that were published in significant trade publications, or showed great commercial success in the performing arts, they can get this visa. There are 10 criteria for extraordinary ability and three must be met.

A second category is being an outstanding professor or researcher. There are six criteria to meet this requirement including receiving major prizes or awards, being granted membership in associations which require outstanding achievement, publishing materials in known publications, authoring scholarly books or articles, or making prominent contributions to scientific or scholarly research. The person must meet two of the criteria. The third category is multinational managers or executives. The prospective employer must petition for the person to come to the U.S. and state the intention to employ him or her in this type of job. That person must have been conducting business in the U.S. for a minimum of one year.

Legal advice for those seeking EB-1 status

These categories may seem somewhat narrow. The skills those who are seeking to be admitted to the U.S. and work who meet these requirements are likely to have an easier time in getting a visa. Still, these issues can be complicated and people and employers could experience challenges is getting the visa. Consulting with a firm that understands all aspects of employment immigration can help with a case.