Ferro & Cuccia Law Firm

Employment-Based Visa Petitions -EB -1

EB-1 is the priority category for applicants who seek permanent residence on the basis of employment. There are three sub-categories: extraordinary ability workers, outstanding professors/researchers, and executives/managers of multinational companies.
As a rule, EB-1 applicants do NOT require a labor certificate.

EB-1 (1) – ALIEN OF EXTRAORDINARY ABILITY

This is a category for those individuals who have reached the highest pinnacles of their career. They measure this level of success through ten criteria, of which we have to sufficiently prove three:

· Nationally or internationally recognized prizes or awards for excellence in her field.
· Membership in a prestigious association that requires outstanding achievement of its members
· Published material about the applicant.
· Having judged the work of other people in his field.
· Artistic contributions of major significance to her field.
· Scholarly articles written by the applicant related to his field.
· Display of work at an artistic exhibition.
· Having performed in a leading or critical role for organizations with a distinguished reputation.
· Commanding a high salary in relation to others in his field.
· Commercial success.

PROS:
- No sponsor required.
- One of the quickest ways of getting a green card.
- Usually can get a work card within three months
- No approval from Labor Department required

CONS:
- Extremely high standard for approval.

EB-1 (2) – OUTSTANDING PROFESSORS AND RESEARCHERS

An outstanding professor or researcher is one who is:
- recognized internationally as outstanding in her field
- has three years or more of experience in teaching or research
- is seeking a tenure teaching position or a researcher position.

In order to qualify as outstanding, the applicant must provide two of the following types of proof:

- prizes or awards
- membership in an association requiring achievement in field
- published materials in professional publications about applicant’s work
- judging the work of others in field
- engaged in original scientific research
- authorship of scholarly essays, articles or books.

PROS:
- No sponsor required.
- One of the quickest ways of getting a green card.
- Usually can get a work card within three months
- No approval from Labor Department required

CONS:
- Extremely high standard for approval.

EB-1 (3) – EXECUTIVE/MANAGER OF MULTINATIONAL COMPANY

An executive or upper level manager of a multinational company with an office in the United States may be sponsored for a green card if he was or will be transferred from the foreign branch of a multinational company to the U.S. branch – even if the U.S. branch is a brand new office.

In order to obtain this visa, we have to prove several things:

1. The two companies are affiliates or are entities owned and controlled by the same group of individuals in the same or similar proportion; or one company is a subsidiary of the other.
2. That both companies are currently engaging in business.
3. That the applicant was employed with the foreign company for one or more years out of the last three years.
4. That the applicant was employed as an executive or upper-level manager for the foreign company, and will be an executive or upper-level manager for the U.S. company.

PROS:
- Quick way to get the green card.
- Usually can get a work card within three months
- No approval from Labor Department required

CONS:
- High standard for approval.
- The U.S. company must sponsor the individual by signing the necessary paperwork and providing required evidence.












		Employment-Based Visa Petitions -EB -1 EB-1 is the priority category for applicants who seek permanent residence on the basis of employment. There are three sub-categories: extraordinary ability workers, outstanding professors/researchers, and executives/managers of multinational companies. As a rule, EB-1 applicants do NOT require a labor certificate. EB-1 (1) – ALIEN OF EXTRAORDINARY ABILITY This is a category for those individuals who have reached the highest pinnacles of their career. They measure this level of success through ten criteria, of which we have to sufficiently prove three: · Nationally or internationally recognized prizes or awards for excellence in her field. · Membership in a prestigious association that requires outstanding achievement of its members · Published material about the applicant. · Having judged the work of other people in his field. · Artistic contributions of major significance to her field. · Scholarly articles written by the applicant related to his field. · Display of work at an artistic exhibition. · Having performed in a leading or critical role for organizations with a distinguished reputation. · Commanding a high salary in relation to others in his field. · Commercial success. PROS: - No sponsor required. - One of the quickest ways of getting a green card. - Usually can get a work card within three months - No approval from Labor Department required CONS: - Extremely high standard for approval. EB-1 (2) – OUTSTANDING PROFESSORS AND RESEARCHERS An outstanding professor or researcher is one who is: - recognized internationally as outstanding in her field - has three years or more of experience in teaching or research - is seeking a tenure teaching position or a researcher position. In order to qualify as outstanding, the applicant must provide two of the following types of proof: - prizes or awards - membership in an association requiring achievement in field - published materials in professional publications about applicant’s work - judging the work of others in field - engaged in original scientific research - authorship of scholarly essays, articles or books. PROS: - No sponsor required. - One of the quickest ways of getting a green card. - Usually can get a work card within three months - No approval from Labor Department required CONS: - Extremely high standard for approval. EB-1 (3) – EXECUTIVE/MANAGER OF MULTINATIONAL COMPANY An executive or upper level manager of a multinational company with an office in the United States may be sponsored for a green card if he was or will be transferred from the foreign branch of a multinational company to the U.S. branch – even if the U.S. branch is a brand new office. In order to obtain this visa, we have to prove several things: 1. The two companies are affiliates or are entities owned and controlled by the same group of individuals in the same or similar proportion; or one company is a subsidiary of the other. 2. That both companies are currently engaging in business. 3. That the applicant was employed with the foreign company for one or more years out of the last three years. 4. That the applicant was employed as an executive or upper-level manager for the foreign company, and will be an executive or upper-level manager for the U.S. company. PROS: - Quick way to get the green card. - Usually can get a work card within three months - No approval from Labor Department required CONS: - High standard for approval. - The U.S. company must sponsor the individual by signing the necessary paperwork and providing required evidence.