The United States government has many employment base visa categories that foreign nationals can apply for. Some of these categories also have sub categories. The EB1 visa for example has 3 eligibility categories. The three categories have different requirements that must be met in order to be granted a visa. EB-1 visa for example is an Outstanding Researcher or Professor visa.
The first step to applying for the EB-1 visa is to determine if you qualify for it. Hiring and experienced and knowledgeable immigration attorney will help you to determine if you meet the requirement for this visa. The general requirement is that you are an outstanding researcher or professor and have obtained international recognition for your work.
One of the nice things about the EB-1 visa is that you may be eligible for this visa type if you are currently in the United States or if you are abroad. This could mean that if you arrived in the United States with a student visa and were working on an advance degree, the time you spent researching and working for your degree may be used to fulfill one of the 6 requirements for this visa: having at least 3 years of relevant research or teaching experience in a particular field (you must meet at least 3 of the 6 requirements in order to qualify for this visa).
The above is just an example of how you may be able to obtain an EB-1 visa while living in the United States. It’s actually a little more complicated than that because of certain requirements that the United States government has imposed, but it is an example of how a person can obtain an EB-1 visa.
While working in your field as either a researcher or professor, you must have obtained international recognition. This second requirement can be met in a number of ways. Such as through publications in renown journals, reception of international awards and accolades, and a number of other ways. The US government leaves this a bit open to you on how you meet this requirement. However, the US government ultimately decides if you meet this requirement.
Finally, as discussed earlier, an employer must have offer you a permanent job within the company. This could be either a job or position as permanent researcher or as a professor. This could be a job that is offered to you by the University you are currently attending and working to get your advance degree in. It could be a private or public university.
If the job is being offered from a private employer, that employer must currently have at least 3 full time researchers employed for him or her and documentation describing what is being researched.
If you cannot meet these three specific criteria, you may be able to meet some of the other criteria that the US government has placed on this visa.
This is an immigration legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.
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