EB-1
Employment-Based First Preference (EB-1) Categories
If a foreign national employee is eligible for one of the first preference, employment-based immigrant visa categories, employers may skip the PERM application procedure. Aliens with exceptional talent, great professors and researchers, and specific global managers and executives are some of these types.
The “O” nonimmigrant visa is for individuals of remarkable ability in arts, business, education, sports, or sciences, with consistent success on a national or global level. The foreign national must intend to continue working in their field and entering the U.S. must “significantly benefit prospectively” the country. No employment offer is required. The individual’s outstanding talent and achievements must be well-documented, meeting three of ten requirements or presenting proof of a singular accomplishment (e.g., Pulitzer, Oscar, Olympic medal). Criteria include receiving awards, association memberships, published work recognition, judging others’ work, original research, high income, artistic displays, leadership performances, and financial success in the performing arts.
For exceptional professors and researchers, qualifications are slightly less stringent than those for individuals with extraordinary talent. Outstanding professors need three years of international recognition in their academic field and should enter the U.S. for tenure-track or permanent employment or indefinite-term research. Private sector researchers require at least three full-time researchers with a successful academic background. To qualify, individuals must provide evidence of at least two of the following: original scientific research, judging others’ work, publications about their work, significant prizes or awards, membership in a distinguished association, publications by others about their work, or authorship of scholarly books or articles.
The “L-1A” nonimmigrant visa is akin to the immigrant category for multinational managers and executives. The applicant must have one year of executive or managerial experience in a company outside the U.S. during the three years before the transfer. They must be transferring to work for the same firm (or its subsidiary or affiliate) in a managerial or executive role. The U.S. employer must have been operational for at least a year. through legitimate channels.
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