This class is meant to facilitate easy movement and relocation of overseas personnel to us as eb1 multinational immigrant executive or manager. Applicants filing for eb-1c only need to obtain an employment offer from a designated employer but there is no need for labor certification approval from dol. There however, must be a bonafide relation between the overseas and u. S. Employers, i. E. The us employer must be an affiliate, parent or a subsidiary of the foreign firm, corporation, or other legal entity. The petition for the eb-1c can only be placed by a us employer who has been functioning as an affiliate, subsidiary or same organization of same company for at least one year that employed beneficiary overseas.
If an applicant is filing or has filed an adjustment application as the principal beneficiary of a valid form i-140 petition in an employment-based immigrant visa category that requires a job offer, the applicant must file a confirmation of bona fide job offer or request for job portability under ina section 204(j) ( form i-485 supplement j ) in order to confirm the job offer remains bona fide, or to request job portability under ina 204(j) to a new, full-time, permanent job offer that he or she intends to accept once the adjustment application is approved. Applicants seeking or granted a national interest waiver of the job offer requirement and applicants seeking or granted classification as a person of extraordinary ability do not need to file supplement j or request job portability under ina 204(j) because these employment-based immigrant visa categories are not tied to a specific job offer.
For applicants applying from outside the U.S.:
Foreigners applying for an eb1-a visa should produce evidence of an extraordinary one-time achievement such as an olympic medal , pulitzer , or oscar. Alternatively, applicants should meet three of the following ten criteria: having won lesser nationally or internationally recognized prizes or awards of excellence; having membership in associations in the field that demand outstanding achievement; having published material in professional publications or other major media; having been asked to judge the work of others; having significant contributions in science, scholarship, art, athletics, or business; having authored scholarly articles in professional publications or other media; having work displayed at artistic showcases; having played a leading or critical role in a distinguished organization;.
2. EB-1B: Outstanding Professors and Researchers
Extraordinary ability: you may apply for yourself by filing a form i-140, petition for alien worker. Outstanding professors and researchers: your u. S. Employer must file a form i-140, petition for alien worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. Multinational manager or executive: your u. S. Employer must file uscis form i-140, petition for alien worker.
Foreign nationals who have received national or international acclaim for outstanding achievements in arts, sciences, education, business or athletics outstanding professors and researchers who have at least three years experience in teaching or research in their field and received international recognition for their work executives of multinational companies managing an organization or a major function or division of an organization managers of multinational companies supervising the work of other supervisory, professional or managerial employees managers who manage an essential function, department or subdivision multinational companies to sponsor the green card application for their executives and managers u. S. Universities to sponsor the green card application for foreign national professors and researchers with outstanding abilities.
People who can apply[ edit ] the visa is granted to three types of people: those with 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. "outstanding professors and researchers" who "are recognized internationally for their outstanding academic achievements in a particular field". They must also have "at least three years' experience in teaching or research in that academic area, and enter the u. S. In a tenure or tenure track teaching or comparable research position at a university or other institution of higher education" plus other conditions.
Has uscis provided an update on premium processing for eb-1-3 multinational managers and executives. At the aila conference in nashville, it was reported that it would be available by the end of the fiscal year.