Working in the United States as a citizen of another country can be accomplished in a number of different ways. One method is to obtain a type of Visa known as an EB-1, or employment based Visa. This particular Visa type, the EB-1 that is, is granted by the office of the United States Citizenship and Immigration Services (USCIS). The EB-1 is granted to three sub-groups of people: (1) persons with extraordinary ability, (2) outstanding professors and researchers, and (3) multinational managers or executives.
EB-1 Visa for Persons with Extraordinary Ability
For professionals in the fields of science, art, education, business, or athletics an EB-1 type of employment based Visa may be granted by the USCIS. These applicants are not required to provide or prove a job offer to apply for the EB-1, the applicant must simply file a form I-140 (Immigrant Petitions for Alien Worker). Applicants for this type of Visa must, however, demonstrate through supporting documentation that the applicant has “sustained national or international acclaim and recognition in their fields of expertise.” (quote from the U.S. Department of State website)
EB-1 Visa for Outstanding Professors and Researchers
For those individuals with international recognition and at least three years of experience in teaching or research in their field, the EB-1 Visa for outstanding professors and researchers sub-group may be applied for. One further requirement for the employment based Visa under this sub-group is that the applicant must be seeking employment in the U.S. for purposes of the pursuit of tenure, tenure track teaching, or a research position at a university or comparable institution. This Visa sub-group also requires the applicant to provide a job offer from the prospective employer along with the filing of the Form I-140.
EB-1 Visa for Multinational Managers or Executives
Where a U.S. employer has at least one overseas affiliate, parent or subsidiary organization, or branch of its company, and the employee seeking the EB-1 Visa has been employed for at least one of the three preceding years by that employer, the applicant may qualify for the EB-1 Visa. Additionally, the applicant seeking entry under the EB-1 Visa must demonstrate that his or her employment outside of the United States was as a manager or executive level employee, and that the work sought in the United States is of the same managerial or executive capacity. Similarly, to the outstanding professors and researchers subgroup of the employment based Visa, this type of Visa requires the applicant to provide a job offer along with the filing of the Form I-140.
Wrapping Up the Employment Based Visa
Clearly, there are several subgroups with might qualify a person seeking work in the United States for entry under the EB-1 Visa. These subgroups, as mentioned above, apply to those persons with extraordinary ability, to outstanding professors and researchers, and to multinational managers or executives.
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