EB-1 visas bring highly skilled workers to the U.S.

| Mar 1, 2021 | US Immigration Law |

Louisiana State University and other institutes of higher learning across the state and country often reach out to highly skilled individuals around the world to invite them to join their faculties. This often provides a rich educational experience for students and brings opportunities for advanced research and study to the institution. Additionally, some businesses wish to bring highly experienced executives on board from other countries. However, in order for those exceptional individuals to come to the United States to work, they must obtain an EB-1 visa. 

The first step to obtaining an EB-1 is establishing eligibility. The appropriate candidate for an employment-based, first-preference visa must have extraordinary ability in education, arts, sciences or business, in addition to meeting the following criteria: 

  • Outstanding achievements in one’s field that has gained international recognition, such as awards, publications, panel positions and others 
  • Three or more years of experience researching or teaching in the candidate’s academic specialty, if applying as an educator 
  • Acceptance of a tenure-track position in teaching, research or a related area in a U.S. institute of higher learning 
  • Acceptance of a managerial or executive position in a company with which the candidate has had a previous working relationship and which has been in business for at least one year 

In most cases, the U.S. employer must start the process for obtaining an EB-1 by completing a Form I-140 and presenting the appropriate supporting evidence of eligibility. The U.S. Citizenship and Immigration Services will also want evidence that the employer has the ability to pay the candidate for his or her work. Additionally, once a candidate receives approval for an EB-1, his or her spouse and minor children may also apply for immigrant status in the United States. 

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