What Should I Know About the H-1B Cap?
If you wish to be lawfully permitted into the United States, you may effectively achieve this by expressing your interest in serving in the American workforce. In other words, you may apply for a work authorization permit. But you may stand out even more if you express your extraordinary ability in a certain field. Specifically, you may file an EB-1 visa, otherwise known as an employment-based, first-preference visa. Read on to discover how to apply for an EB-1 visa and how a seasoned work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can ensure you do so correctly.
How do I know if I qualify to apply for an EB-1 visa?
Before all else, you must understand which individuals the EB-1 visa is designated for. Namely, this employment-based, first-preference visa type is set for noncitizens of the United States who have extraordinary abilities, are outstanding professors or researchers, or are certain multinational executives or managers. Therefore, you may apply for this visa type if you meet the eligibility requirements for any of the following categories:
- Noncitizens who have extraordinary abilities must:
- You must meet three of the 10 criteria disclosed on the United States Citizenship and Immigration Services (USCIS) website.
- You must demonstrate your extraordinary ability in the sciences, arts, education, business, or athletics.
- You must provide evidence of a one-time achievement in your specific field.
- You must provide evidence of your continuing work in your specific field.
- Noncitizens who are outstanding professors or researchers must:
- You must meet two of the six criteria disclosed on the USCIS website.
- You must demonstrate your intentional recognition for your outstanding achievements in your specific academic field.
- You must provide evidence of at least three years of teaching or research in your specific academic field.
- You must provide evidence of your tenure track for teaching or research in your specific academic field.
- You must provide evidence of your job offer from a United States employer.
- Noncitizens who are multinational executives or managers must:
- You must demonstrate your employment outside the United States for at least one year in the three years preceding your petition.
- You must demonstrate your qualifying relationship with an entity that employed you abroad in an executive or managerial position.
- You must provide evidence of your petitioning United States employer’s intention of employing you in an executive or managerial position.
How do I go about applying for an EB-1 visa?
Regardless of whether you have an extraordinary ability, are an outstanding professor or researcher, or a multinational executive or manager, you may apply for an EB-1 visa via Form I-140, Petition for Alien Worker.
At the same time, your petitioning United States employer may have to do some leg work. For example, the employer may have to demonstrate their continuing ability to pay their offered wage as of the set priority date. This is specifically if you are an outstanding professor/researcher or a multinational executive/manager.
Before it is too late, you must retain the services of one of the competent Milwaukee, Wisconsin immigration lawyers. Contact our Sesini Law Group, S.C. office today.
