Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers, and Multinational Executives and Managers:
Persons with demonstrated extraordinary ability in the sciences, arts, education, business, or athletics may apply for an EB-1 visa. A successful applicant will have extensive documentation showing sustained national or international achievement and recognition in their field of expertise. Such applicants are not required to have specific job offers outstanding, so long as they will continue to work in the fields in which they have extraordinary ability upon entering the U.S.
Outstanding professors and researchers with at least three years of experience in teaching or research, who are recognized internationally may apply for an EB-1 visa if they are coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker.
Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer may also apply for an EB-1 visa provided that the applicant’s employment outside of the U.S. was in a managerial or executive capacity, and the applicant is coming to work in a managerial or executive capacity. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker.
Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business:
This visa category generally requires that applicants have a labor certification approved by the Department of Labor and an outstanding job offer from a U.S. employer. The following professionals may be eligible:
— professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
— persons with exceptional ability in the sciences, arts, or business. Those persons considered to have exceptional ability have a degree of expertise significantly higher than that ordinarily encountered in the sciences, arts, or business.
National Interest Waiver – It is possible that the Labor Certification be waived upon request if it is in the interest of the United States. Though there is no statutory definition of qualifying jobs, national interest waivers are generally granted to individuals with exceptional ability (see above) and whose employment in the United States would be of significant benefit to the country. Those seeking a national interest waiver are not required to be sponsored by their employer. They may file their labor certification directly with USCIS along with their Petition for Alien Worker.
Skilled Workers and Professionals:
This category of visa generally requires an applicant to have a standing job offer from an employer inside the United States and a labor certification approved by the Department of Labor.
— skilled workers are persons whose jobs require a minimum of two years training or work experience that is not temporary or seasonal.
— professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
— unskilled workers (other workers) are persons capable of filling positions that require fewer than two years of training or experience that are not temporary or seasonal.
Investor/Employment Creation Visa:
Available for a foreign national who invests the following minimum qualifying capital dollar amounts in a qualifying commercial enterprise: $1,800,000; or $900,000 in a high-unemployment or rural area, considered a targeted employment area. A qualifying investment must, within two years, create full-time jobs for at least ten U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the United States, not including the investor and the investor’s spouse, sons, or daughters.