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Employment-Based Visas - Priority workers. EB1 Category
There are three types of individuals
that qualify for permanent USA visas under this
category of which one of them is a person of extraordinary
ability in the arts, sciences, business, education or
athletics.
The beneficiary of this USA visa must
demonstrate a particularly high level of achievement
demonstrated by the receipt of an award such as the
Nobel Peace Prize or the Academy Award for motion pictures
or alternatively provide one of the following three
types of evidence:
1. Receipt of a lesser national or
international prize or award for excellence in the particular
field of endeavour.
2. Membership in associations which
require outstanding achievements from their members,
as judged by nationally or internationally recognised
experts in the particular field.
3. Published material in professional
journals, major trade publications or the major media
about the alien's accomplishments in the field of endeavour.
These items must include title, date, author and must
be translated to English.
4. Participated on a panel or individually
as a judge of the work of others in the same field of
endeavour.
5. Original scientific, scholarly
or artistic contributions of major significance in the
field of endeavour.
6. Authorship of scholarly articles
in the field, in professional journals or other major
media (national newspapers, magazines etc).
7. Display of his/her work at artistic
exhibitions in more than one country.
8. Performance in a lead, starring
or critical role for organisations or establishments
with distinguished reputations.
9. Commanding a high salary or other
significantly high remuneration for services in relation
to others.
10. Commercial success in the performing
arts, as shown by box office receipts, record, cassette,
compact disc or video sales.
11. Other comparable evidence if the
above types of evidence do not readily apply to the
alien's occupation.
Outstanding professor or researchers
Aliens who have received international
acclaim as a professors or researchers in their particular
field may apply for a visa to live and work in the USA
on an EB-1 green card status.
They must possess at least three years
of experience in teaching or research in the area and
seek to enter the United States for a tenured or tenure-track
teaching or research position. The position can be in
a university or other educational institution including
private organisations as long as the USA employer has
at least three other employees engaged in full time
research.
The foreign professor or researcher
must provide evidence of international recognition in
the following format to qualify for this visa
Receipt of major international prizes
or awards for outstanding achievement in the academic
field
Membership in academic associations
requiring outstanding achievement
Published materials and professional
publications written by others about the alien's work
Participation on a panel or as an
individual judging work of others
Original scientific/scholarly research
contribution
Authorship of scholarly books or articles
Multinational corporate foreign employees:
The EB-1 visa category extends to
certain executives and managers of multinational entities
who wish to apply for green cards (permanent residence)
thus, live and work in the USA on a permanent basis.
A petition must be filed with the
pertinent USA immigration department by the multinational
organisation. The organisation must also maintain offices
in the United States and at least one other country.
To qualify, the company in the US must be the same as
the foreign organisation or a parent, subsidiary of
affiliate with common owners. One company may control
the other with less than a majority ownership.
The multinational entity must have
been doing business in the United States for more than
a year prior to the filing of the petition. USA immigration
provisions define doing business as selling goods or
providing services regularly, systematically and continuously.
Executive and managerial employees:
The visa holder must have worked in an executive or
managerial position in the foreign entity for at least
one year in the three years prior to the filing of the
petition. The position to be filled in the US entity
must also be executive of managerial in nature.
An offer of employment to the employee
from the pertinent multinational organisation must be
submitted as part of the petitioning documents
USA immigration regulations define
executive capacity as employment within the entity in
which the employee's primary duties are as follows:
Directs the management of the organisation
or a majority component or function of the organisation:
Establishes the goals and policies
of the organisation, component or function
Exercises wide latitude in discretionary
decision making and
Receives only general supervision
or direction from higher level executives, the board
of directors or stockholders of the organisation.
Managerial capacity for is defined
as:
Manages the organisation or department,
subdivision, function or component of the organisation
Supervises and controls the work of
other supervisory, professional or managerial employees
or manages an essential unction within he organisation
or a department or subdivision of the organisation.
Has the authority to hire and fire
or recommend those as well as other personnel actions
( such as promotion and leave authorisation) if another
employee or other employees are directly supervised;
if no other employee is directly supervised, functions
at a senior level within the organisational hierarchy
or with respect to the function managed and
Exercises discretion over the day
to day operations of the activity or function which
the employee has authority.
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