Aliens possessing extraordinary abilities
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 substantiated 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 aliens occupation.
Outstanding professor or researchers
Foreigners who have received international acclaim as professors or researchers in their particular field may apply for a visa to live and work in the USA on 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 aliens 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 managers and executives:
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 entity must also maintain offices in the United States and at least one other country. To qualify, the company in the US must share common ownership with the foreign organisation or a parent, subsidiary or affiliate entity.
The multinational entity must have been doing business in the United States for a year or more 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 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 function within the 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.