First Preference EB-1


You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. For all of our Rhode Island, Boston, and New York applicants applying for an EB-1 visa, please read the qualifications below. Each occupational category has certain requirements that must be met:

EB-1 Eligibility Criteria

  • Extraordinary Ability: You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required. You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
  • Outstanding professors and researchers:  You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years of experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.  You must include documentation of at least two listed below** and an offer of employment from the prospective U.S. employer.
  • Multinational manager or executive:  You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.  Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

* Criteria for Demonstrating Extraordinary Ability

You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

•   Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

•   Evidence of your membership in associations in the field which demand outstanding achievement of their members

•   Evidence of published material about you in professional or major trade publications or other major media

•   Evidence that you have been asked to judge the work of others, either individually or on a panel

•   Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

•   Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

•   Evidence that your work has been displayed at artistic exhibitions or showcases

•   Evidence of your performance of a leading or critical role in distinguished organizations

•   Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

•   Evidence of your commercial successes in the performing arts

** Examples of Documentary Evidence That A Person is an Outstanding Professor Or Researcher

•   Evidence of receipt of major prizes or awards for outstanding achievement

•   Evidence of membership in associations that require their members to demonstrate outstanding achievement

•   Evidence of published material in professional publications written by others about the alien's work in the academic field

•   Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field

•   Evidence of original scientific or scholarly research contributions in the field

•   Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

Application Process

•   Extraordinary Ability: You may petition for yourself by filing a Form I-140, Petition for Alien Worker.

•   Outstanding Professors and Researchers: Your employer must file a Form I-140, Petition for Alien Worker.

Multinational Manager or Executive: Your employer must file USCIS Form I-140, Petition for Alien Worker.

Hiring an Immigration Attorney to Assist in Your Adjustment of Status Matter

For some applicants in Rhode Island, Boston, and New York, EB-1 application can seem overwhelming, given the complexities of the procedures, the exact legal status of a non–permanent United States resident, and the documentation requirements. Barsom Law Group can assist you throughout the entire process, meticulously going over the EB-1 eligibility criteria with you. Our lawyers ensure that you correctly fill out the necessary paperwork.

Unless a person seeking an adjustment of status is prepared to educate themselves on the detailed nature of becoming a permanent resident, their best option may be to hire a qualified immigration attorney, who can do all the necessary work to make sure that the process runs smoothly and that the legal requirements are met without undue delay or confusion.

If you or someone you know is interested in obtaining an EB-1 visa in Rhode Island, Boston, New York, or another state, immigration attorney George Barsom of Barsom Law Group can help.  Furthermore, because immigration law is federal law, he can handle Adjustment of Status applications for U.S. residents living in any state, not merely the State of Rhode Island and Massachusetts.

Mr. Barsom is fluent in Arabic and the Barsom Law Group has access to attorneys who are fluent in Spanish, Italian, and Portuguese. 

The Barsom Law Firm can give you and your family members peace of mind in undertaking this difficult and potentially frustrating and time-consuming task. Once hired, the Barsom Law Group will take over the application process from beginning to end, keeping clients informed, and taking the stress out of the process. Should you require assistance filling out the EB-1 application, visit Rhode Island’s Barsom Law Group.

 

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