Certain investors and entrepreneurs may be eligible to use the first preference (EB1) or second preference (EB2) employment immigration categories to meet their immigration goals. For those businesspeople who meet the eligibility requirements, the EB1 and EB2 categories are very attractive due to the EB1 category not requiring labor certification and the EB2 category having a “national interest waiver” from the labor certification requirement. This article will explain the special considerations for such businesspeople who are considering applying under the EB1 or EB2 categories.
The EB1 visa category is the first preference category for immigrant visas. 28.6 percent of all immigrant visas each year are allocated to the EB1 visa category. In order to satisfy the EB1 eligibility requirements, the visa applicant must be in the EB1A category (extraordinary ability), EB1B category (outstanding professors and researchers), and EB1C category (multinational managers and executives). Unlike for the EB2 and EB3 categories, labor certification is not among the EB1 visa requirements. Furthermore, self-petitioners can meet the EB1 visa eligibility requirements in the EB1A category. Nevertheless, the EB1 visa process requires the petitioner or self-petitioner to demonstrate that the visa applicant meets extensive requirements for the EB1A, EB1B, or EB1C categories.
Thoroughly documenting and presenting all relevant evidence to support any immigration application is a prudent thing to do if positive adjudication result is kept in mind. It is especially important for highly technical petitions including those for EB1-C employment based immigrant category for Multinational Managers and Executives where just about every eligibility element has thus far been addressed, interpreted and litigated.
Immigration and Nationality Act (INA), provides for an immigrant visa category reserved for individuals who conform to the definition of the Multinational Executive or Manager. This category is known as EB1C. To be successful in applying for this category, the petitioning entity needs to convince USCIS adjudicators that the beneficiary: (1) had been employed outside the United States for at least one year in the last three years immediately preceding the application; (2) in a managerial or executive capacity; (3) now seeks to enter the United States to continue that employment in a managerial or executive capacity with the same firm, corporation, organization or legal entity or its legitimate subsidiary or affiliate.
The EB1B category is a subpart of the broader first preference EB1 category for employment-based immigrant visas. The EB1B category, found in section 203(b)(1)(B) of the Immigration and Nationality Act (INA), covers “outstanding professors and researchers.” This article will explain the requirements for qualifying for a petition in the EB1B category, and the requisite evidence to support such a petition.
The first preference category is EB1 (EB1A), which is for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics. This preference category also includes outstanding professors or researchers as well as multinational executives and managers. EB-1 applicants can self-petition for an Immigrant Visa for Alien Worker, If approved, such immigrant visa petition will result in a green card. To initiate the process, the applicant need to file Form I-140, with the USCIS.
The United States makes approximately 140,000 immigrant visas available each fiscal year for aliens as well as their spouses and children who wish to immigrate to the United States based on their occupational skills. An individual needs the right combination of skills, education, and/or work experience to qualify for an employment-based immigrant visa and may be able to permanently reside in the United States. There are five employment-based immigrant visa preferences categories.