EB-1A.

 

• EB-1A (Extraordinary Ability)
• Perhaps the most coveted of all immigrant petitions, the EB-1A does not require an offer of employment. This type of application is traditionally self-sponsored (although an employer may act as a petitioner), and requires the applicant to satisfy three (3) criteria and also establish that the applicant is among the best in the field. This two step-review process is often referred to as the Kazarian test. If an applicant has won a major nationally or internationally recognized award then the applicant does not have to satisfy three criteria, however few awards satisfy this, and most applicants have to qualify for the EB1 by satisfying three (3) of the following and establishing their acclaim in the respective field:
• Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
• Authorship of scholarly articles featured in professional or major trade publications.
• Membership in associations in the field requiring outstanding achievement of its members.
• Published material about the applicant in professional or major trade publications or media attention to the applicant.
• Judging the work of others in the same field.
• Original contributions of major significance made by the applicant to the field.
• Performance in a leading or a critical role in distinguished organizations.
• Display of applicant’s work at artistic exhibitions or showcases.
• Evidence of commercial success in the performing arts.
• Command of a high salary or other significantly high remuneration compared to others in the field.

• EB-1B (Outstanding Researcher/ Professor)
• This type of EB1 application does require an employer as a sponsor, and requires the offer of a tenure-track position or a permanent position, depending on the nature of the employment. The employer can be a university or a private employer, with private employers having the additional requirement of having to show employment of at least three (3) full-time researchers.
  
  The applicant must have at least three years experience in teaching or research and experience gained while pursuing a degree will count as long as the applicant earns the degree. Similar to the EB-1A, the EB-1B also goes through a two-step review process, however the applicant needs to only satisfy two (2) of the following criteria, and must establish international acclaim:
• Receipt of major prizes or awards for outstanding achievement.
• Authorship of scholarly articles featured in professional or major trade publications that have international circulation.
• Membership in associations in the field requiring outstanding achievement of its members.
• Published material about the applicant in professional or major trade publications or media attention to the applicant.
• Judging the work of others in the same field.
• Original scientific or scholarly research contributions.

Given the very subjective nature of the review process, it is important to make a great impression on the reviewing USCIS officer via strong letters of support and the persuasive presentation of the supporting evidence. Having an experienced attorney working closely with the applicant to properly highlight the applicant’s abilities is critical to the submission of a strong petition.

• EB-1C (Multinational Executive)
• This is also an employer-sponsored petition. It requires the applicant to have worked for the employer’s foreign affiliate, branch or subsidiary for at least one (1) year in the past three (3) years, or in the previous year immediately coming to the US if the applicant is in the US already. The sponsoring employer has to be an established company (having at least 1 year of business operations in the US), and the position must be a managerial or an executive one.

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Radu C. Vasilescu