How to prepare for your Eb-1 Visa
Eb-1 VisaManager/Executive under the EB-1
EB1 is the 1st preference and amounts to 28.6% of worldwide visas plus unused investor and special immigrant visas. It is a visa that is intended for the small percentage of individuals who have risen to the top of their field. In this particular visa, there is no need for a labor certification.
It is available to an alien with extraordinary ability in sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim. It will continue to work in the field once entering the country. There must be evidence that the entry will benefit the U.S. and should be included in the evidence in that it would benefit the application.
No employer is needed and no specific offer of employment is required.
The applicant must demonstrate "sustained or international acclaim," and beneficiaries achievements must have been recognized in his or field of expertise. Additionally, once approved, the beneficiary must sustain acclaim.
As evidence, the applicant must have won a one-time achievement award that is internationally recognized, or the must document any of three of the 10 requirements.
1. Receipt of lesser nationally or internationally recognized prizes or awards
2. Membership in an association in the field for which classification is sought which requires outstanding achievement of their members, as judged by recognized national or international experts
3. Published material about the person in professional or major trade publications or other major media
4. Participation as a judge of the work of others
5. Evidence of original scientific, artistic, athletic or business-related contributions of major significance
6. Authorship of scholarly articles in the field
7. Artistic exhibitions showcases
8. Performance in a leading or allowed role for organizations or establishment that have a distinguished reputation
9. Has high salary or remuneration in relation to others in the field
10. Commercial success in the performing arts
Instead of an L1-AEven when the threshold evidence has been submitted, USCIS may require additional evidence. However, if the applicant shows extraordinary ability any of the 3 Categories, USCIS cannot deny the petition simply because it believes the document in other categories should be available. Applicant may also submit "comparable evidence" can include expert opinion letters attesting to the applicants abilities. The standard of proof is the preponderance of the evidence standard. (See Kazarian)
Multinational Executive Managers have the ability to apply for an EB-1 Visa instead of using the alternatives of an L1-A. The applicant must have been employed abroad for one year (in the last 3 years) by "firm or corporation or other legal entity or an affiliate or subsidiary thereof.
Affiliates include entities owned and controlled by the same group of individuals, in approximately the same or proportion of each entity.
Subsidiary/petitioner can be a joint venture if there is equal control and veto power.
One of the 3 years requirements may be met even if the person is in the U.S. for more than 3 years if he or she is working for the same employer, affiliate, or subsidiary in the U.S. and was employed for at least one of the last three years by the company abroad before entering in non-immigrant status. 8 CFR Section204.5Ij)(3)(i)(B)
Petition must establish that it maintains a qualifying relationship with the beneficiary foreign employer (ii) the foreign company or legal entity that employed the beneficial will continue to exist and have a qualifying relationship with the petitioner at the time the immigration petitioner is filed.
The Applicant seeks to enter the U.S. to render services to the same employer, or subsidiary, or affiliate in a managerial or executive capacity; focus is on Duties and Responsibilities as an executive or manager.
The company must be doing business in the U.S. for one year.
No labor certification in required by applicant needs a job offer by the U.S. organization.
Manager and Executive capacity defined under INA Section101(a)(44).
A manager exercises the following duties:
1. Manager capacity means an assignment with the organization in which the employer personally manages the organization, department, subdividsion, function, or company.
2. Supervises and controls the work of other supervisors, professional, or manages employees or manages an essential function within the organization or department or subdivision of the organization.
3. Has authority to hire and fire or recommend personal act or functions at the senior level
4. Exercises discretion over day-to-day operation of the activity or function.
An Executive exercises the following duties:
1. An executive directs the management of the organization or a company or function
2. Establishes goals and policies
3. Receives only general supervision or direction from higher level executives, Board of directors, or stock holders. The Number of employees to supervise is not determinative.
Evidence for the Applicant includes:
1. Statement from the U.S. employer concerning the person's employment company 1 of the past 3 years AND that U.S. employer has been doing business for