A common question we get on business immigration cases is, "Can I get an EB-1 Green Card?" This is sometimes called the first preference category, and it does not require the labor certification step that is usually required for employment-based visas or Green Cards. Attorney Nisha Karnani from Antonini & Cohen Immigration Law Group will break it down for you in this video.
Extraordinary Ability
If you have extraordinary ability in the sciences, arts, education, athletics, or business, you may be eligible if you have sustained national or international acclaim. Eligibility can be based on a one-time major achievement, like a Nobel Prize, or meeting 3 out of 10 criteria on the USCIS website. Some common criteria people meet are awards, publications from or about you, original work that is significant to your field, having a leading or critical role in a distinguished organization, or having a significantly higher pay than others in your field.
Outstanding Professor or Researcher
Another category under EB-1 is the outstanding professor or researcher. For this, you must have international recognition for achievements in your academic field. Additionally, you need an offer of employment for a tenure, tenure track, or comparable position. You also have to meet 2 out of 6 criteria on the USCIS website for outstanding achievement, which are very similar to the extraordinary ability criteria discussed earlier.
Multinational Manager or Executive Category
Finally, there is the multinational manager or executive category. For this one, you must have been employed in a multinational company abroad for at least one year as a manager or executive for a specified period of time. You also need a U.S. company that wants to transfer you to the U.S. long-term or keep you here if you’re already on the related L-1A visa. Additionally, you must demonstrate the proper relationship between the U.S. company and the foreign company, and prove that the role is truly a managerial or executive role, both when you were abroad and in the U.S.
Questions about EB-1 or any immigration matter? Call us at (470) 428-3200, via our contact form or visit: https://www.antoniniandcohen.com/serv-employment
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