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First Preference EB-1 employees: what are the requirements?

On Behalf of | Sep 22, 2022 | US Immigration Law

When running a business in Illinois, there is always competition. Trying to stay one step ahead is complicated. Finding qualified employees who can provide value may not be easy. In some cases, it is necessary to expand the search beyond the United States and hire people from other countries. Since Immigration is such a prominent topic of discussion today, it is important to know the law and how to legally move forward with employment-based immigration.

How immigration works with those of extraordinary ability

A business might want to hire a person with specific skills that are tailored to their business. If, for example, the business is based on technology or science and there is an immigrant who possesses extraordinary ability in that area, using First Preference EB-1 may be needed.

The first category is for those with extraordinary ability. There must be a demonstration that the person has achieved national acclaim and show evidence of that. If they have won prizes, that can be important in the process.

A second category is for professors and researchers. That might not usually be viewed in the context of business, but it is common for people in education and research to work in the private sector. The business must show that it has a minimum of three full-time researchers to use this category of Immigration.

The third category is for certain multinational managers or executives. The person must have worked outside of the United States for a minimum of one year in the prior three years before the petition is filed. The business itself must have been in operation for at least one year and have a qualifying relationship with the entity for which the immigrant worked when outside of the United States. The job must be either as an executive or a manager.

Businesses striving to use EB-1 should have professional help

When using EB-1, the credentials of the prospective employee must be presented. That includes winning awards, having membership in associations that require outstanding achievement, having published material in their profession, showing they have been asked to assess the work of others, proof of published scholarly articles, and they must show they warrant a high level of compensation.

Even for people who fit this category, immigration to work in the United States is not always easy. There may be intense scrutiny on the application, the person’s past and other considerations. Having advice from experienced professionals who understand U.S. Immigration law and business can be helpful to getting the desired employee to come to the United States and work legally.

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