What You Should Know About First Preference EB-1 Employment-Based Immigration

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If you are looking to come to the United States and possess certain “extraordinary abilities,” or you are someone who is uniquely qualified for a certain type of employment, you may be able to gain employment in the United States via the First Preference EB-1 Visa. Please continue reading and give our knowledgeable Wisconsin employment immigration attorneys a call today to learn more about these visas and how our firm can help you through the process ahead. Here are some of the questions you may have:

How do I prove that I have the extraordinary ability so I can get an EB-1 visa?

To get an EB-1 visa, you will have to prove that you gained national or international acclaim, and that as a result, your achievements were recognized in your field of expertise. This proof can come in the form of a one-time achievement or at least 3 of the 10 criteria featured below:

  • Evidence of lesser recognized prizes or awards for excellence
  • Proof that you are a member of an association in a field that demands the outstanding achievement of its members
  • Proof that your work has been displayed at artistic exhibitions
  • Proof that you have performed in a leading or critical role in distinguished organizations
  • Proof that you command a high salary or other substantially high remuneration in your field
  • Proof that you have had commercial success in the performing arts
  • Proof that there is published material about you in a professional or major trade publication
  • Proof that you were asked to judge the work of others
  • Proof that you have made one or more scientific, scholarly, artistic, athletic, or business-related contributions of major significance to your field of expertise
  • Proof that you have authored scholarly articles in professional or major trade publications

How do I apply for an EB-1 visa?

  • Extraordinary Ability: If you demonstrate extraordinary ability, you can apply for yourself via filing a Form I-140, Petition for Alien Worker.
  • Multinational Manager or Executive: Your U.S. employer will file USCIS Form I-140, Petition for Alien Worker. He or she must prove he or she can pay the offered wage as of the priority date. Your employer may use a federal income tax return, annual report,  or audited financial statement to prove he or she can continue to pay your wage.
  • Outstanding Professors and Researchers: In this case, your U.S. employer will have to file a Form I-140, Petition for Alien Worker. Your employer must prove that he or she can continue to pay the offered wage as of the priority date. He or she may use a federal income tax return, an annual report, or an audited financial statement to prove he or she can continue to pay your wage.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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