Overview
The Department of State has the highest number of immigrant visas available for those that qualify under this employment-based category. There are three types
of subcategories under this category: an employee with extraordinary ability, outstanding professors and researchers, and multinational managers or executives. There is no Labor Certification Application required for employees seeking to immigrate to the U.S. under these categories. However, USCIS has outlined complex requirements that must be met before these visas will be issued. Each subcategory and what our firm will do for you are explained in more detail below.
Extraordinary Ability
A foreign national is considered to have extraordinary ability in the sciences, arts, education, business, or athletics and would qualify under this section if the achievement has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. The foreign national must be seeking to enter the United States to continue work in the same area of extraordinary ability. Lastly, his/her entry into the United States will substantially benefit prospectively the United States.
Outstanding Professors and Researchers
In order to qualify as an outstanding professor or researcher, foreign nationals must be recognized internationally as outstanding in a specific academic area. They must have at least 3 years of experience in teaching or research in the academic area. Additionally, they must be seeking to enter the U.S. for the following reasons:
- For a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
- For a comparable position with a university or institution of higher education to conduct research in the area, or
- For a comparable position to conduct research in the area with a department, division, or institute of a private employer
If you are seeking to conduct research with a private employer (under the third reason), the employer must employ at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
Multinational Executives and Managers
A foreign national may be admitted under this subcategory if he has been employed outside the U.S. for at least 1 year, in the 3 years preceding the time of his application, and seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate of the employer in a managerial or executive capacity.
What We Can Do For You
- Determine whether your priority date is current
- Determine under which subcategory you would qualify:
- Whether you would qualify as someone with extraordinary ability as defined
- Whether you have the evidence to show that you are an "outstanding" professor or researcher
- Whether you have the requirements to apply as a multinational executive or manager
- Help you gather all available evidence to show that you qualify for that particular subcategory. USCIS has specific requirements for which types of evidence to submit depending on your subcategory.
- Complete and file Form I-140 and I-485
- Respond to any Requests for Evidence, if required
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