As a branch of employment-based (EB) visas, those who are deemed “priority workers” can seek access into the United States through what is known as an EB-1 visa. Those who are interested in seeking entry into the U.S. through this method must have a U.S. employer fill out Form I-140 Immigrant Petition for Foreign Worker. Unlike other forms of work visas, there is no need for the employer to seek labor certification through this method. This is, however, one of the most popular forms of an EB visa and accounts for almost 30 percent of the limit for all annual EB immigrant visas.
The three categories of persons who qualify include the following:
For each of the above categories, there are certain criteria that must be met for eligibility. For example, someone who is categorized as a person with extraordinary ability must have three out of the potential ten criteria before they are eligible to apply for an EB-1 visa.
These include evidence of the following:
Criteria must also be met be met by those who are claiming to be professors or researchers. This includes many of the above criteria, as well as other, more specific, criteria. Those who are categorized as outstanding professors and researchers may be required to show, for example, that they have been the recipient of a major award or prize, are members in organizations that demand excellence as a requirement of joining or even that there has been published material detailing their accomplishments.
For those who are categorized as a priority worker, we at Pozo Goldstein, LLP can help. We know the requirements, the process and the steps that must be taken to help ensure that your legal rights are protected. If you have questions about petitioning for a visa or if you would like to learn about how the New York immigration attorneys from our firm can help you, we encourage you to contact us today.
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