EB1 requirements?
#1
EB1 requirements?
Our lawyer is currently investigating the possibility of having my husbands L1B reclassed to L1A. She seems to think this would also make it possible for him to file EB1 for the GC.
Now my husband does do a job that requires specialist knowledge of the systems he works with, but there aren't any qualifications required to obtain this knowledge, lucky because his qualifications add up to about half a bachelors.
Are there are any actual guidelines as to what is required to file EB1? I can't really find any.
Thanks!
Now my husband does do a job that requires specialist knowledge of the systems he works with, but there aren't any qualifications required to obtain this knowledge, lucky because his qualifications add up to about half a bachelors.
Are there are any actual guidelines as to what is required to file EB1? I can't really find any.
Thanks!
#2
BE Forum Addict
Joined: Sep 2006
Posts: 1,966
Re: EB1 requirements?
Don't know about "actual guidelines" but there's a ton of info if you google "EB1 requirements":
eg:
http://www.visaus.us/pages/greencard-EB1.htm
eg:
http://www.visaus.us/pages/greencard-EB1.htm
#3
Re: EB1 requirements?
L1A is for senior management though...and you don't need to be that to qualify for EB1 if you qualify for it, but it's not easy to get which is why most people end up being EB2/3.
http://www.greencardapply.com/ea/ea_analysis.htm
From the first google search string.
The ten criteria for EB1-Extraordinary Ability immigration category are as follows:
1) "Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor." The receipt of lesser nationally or internationally recognized prizes is not like internationally recognized award such as a Nobel or Pulitzer Prize.
2) "Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields." Associations that are open to all members of a given profession may be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3) "Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation." The material must concern the person’s work in the field. Publications could range from journals specific to the field to major newspapers.
4) "Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought." Participating in the peer review process of a scientific article or acting as a member of a thesis review committee may fulfill this requirement.
5) "Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field." This standard is wide open. Basically, the USCIS will base its judgment of the alien’s contribution on the letters of support that others in the field submit.
6) "Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media." This refers to articles that the alien wrote concerning his or her work. The publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media may fulfill this requirement.
7) "Evidence of the display of the alien's work in the field at artistic exhibitions or showcases." The regulations do not mention how prestigious the exhibition must be.
8) "Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation." This could be performing a critical or leading role for organizations that have a distinguished reputation, or serving as an essential researcher for an important laboratory.
9) "Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field." The regulation requires that the alien’s salary or remuneration be high in relation to others in the field, so an post-doctor needs not make as much as a professional engineer.
10) "Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales." This can be demonstrated by box office receipts from the alien’s films or plays, record sales, or selling a video documentary to a network for a notable sum.
1) "Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor." The receipt of lesser nationally or internationally recognized prizes is not like internationally recognized award such as a Nobel or Pulitzer Prize.
2) "Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields." Associations that are open to all members of a given profession may be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3) "Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation." The material must concern the person’s work in the field. Publications could range from journals specific to the field to major newspapers.
4) "Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought." Participating in the peer review process of a scientific article or acting as a member of a thesis review committee may fulfill this requirement.
5) "Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field." This standard is wide open. Basically, the USCIS will base its judgment of the alien’s contribution on the letters of support that others in the field submit.
6) "Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media." This refers to articles that the alien wrote concerning his or her work. The publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media may fulfill this requirement.
7) "Evidence of the display of the alien's work in the field at artistic exhibitions or showcases." The regulations do not mention how prestigious the exhibition must be.
8) "Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation." This could be performing a critical or leading role for organizations that have a distinguished reputation, or serving as an essential researcher for an important laboratory.
9) "Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field." The regulation requires that the alien’s salary or remuneration be high in relation to others in the field, so an post-doctor needs not make as much as a professional engineer.
10) "Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales." This can be demonstrated by box office receipts from the alien’s films or plays, record sales, or selling a video documentary to a network for a notable sum.
From the first google search string.
#4
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: EB1 requirements?
Our lawyer is currently investigating the possibility of having my husbands L1B reclassed to L1A. She seems to think this would also make it possible for him to file EB1 for the GC.
Now my husband does do a job that requires specialist knowledge of the systems he works with, but there aren't any qualifications required to obtain this knowledge, lucky because his qualifications add up to about half a bachelors.
Are there are any actual guidelines as to what is required to file EB1? I can't really find any.
Thanks!
Now my husband does do a job that requires specialist knowledge of the systems he works with, but there aren't any qualifications required to obtain this knowledge, lucky because his qualifications add up to about half a bachelors.
Are there are any actual guidelines as to what is required to file EB1? I can't really find any.
Thanks!
There are three different types of EB-1 -- one of which is a rough analogue to L1A classification.
Knowledge and training doesn't enter into it. I once did an L-1A for an excellent diesel mechanic and got the green card via EB-1, no problem. [He ran the maintainance department for a large Canadian/US trucking line.
#5
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: EB1 requirements?
L1A is for senior management though...and you don't need to be that to qualify for EB1 if you qualify for it, but it's not easy to get which is why most people end up being EB2/3.
http://www.greencardapply.com/ea/ea_analysis.htm
From the first google search string.
http://www.greencardapply.com/ea/ea_analysis.htm
From the first google search string.
L-1A reserved for senior management you say? News to me.
On the link, why would you mention extraordinary ability -- it looks like they are pointing at the manager stuff.
#6
Re: EB1 requirements?
L1A is for senior management though...and you don't need to be that to qualify for EB1 if you qualify for it, but it's not easy to get which is why most people end up being EB2/3.
http://www.greencardapply.com/ea/ea_analysis.htm
From the first google search string.
http://www.greencardapply.com/ea/ea_analysis.htm
From the first google search string.
#7
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: EB1 requirements?
Are you sure the attorney is talking about Extraordinary Ability EB-1? If so, then why the attempt to change to L-1A?
You now got me confused. Clarification might be in order.
#8
Re: EB1 requirements?
We're currently on L1B, and want to go for GCs. The lawyer wanted us to go for H1Bs to allow time for EB3 GCs since my husband's boss was unwilling to go down the 'manager' route for an L1A. But that has changed (thank goodness). Hence the L1As, and then we will have time to get our stuff together for GC application, whether it's EB1 or EB3.
#9
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: EB1 requirements?
We're currently on L1B, and want to go for GCs. The lawyer wanted us to go for H1Bs to allow time for EB3 GCs since my husband's boss was unwilling to go down the 'manager' route for an L1A. But that has changed (thank goodness). Hence the L1As, and then we will have time to get our stuff together for GC application, whether it's EB1 or EB3.
Talk to your lawyer about concurrent filing of COS and I-140/AOS.
#10
BE Enthusiast
Joined: May 2005
Location: San Diego, CA
Posts: 349
Re: EB1 requirements?
I am also on L1-B and the company has applied for EB-1C on my behalf. The attorney said that if you have a good case for EB-1 it is not necessary to transfer from L1-B to L1-A, although depending on the case it might still be a good idea to do so. My L1-B is just coming up for renewal after 3 years so I am changing to L1-A now, but it was not a requirement to do this before starting the green card process.
#11
Re: EB1 requirements?
I know it's not a requirement, it's just what the lawyer wants to do to extend the time available to us to apply for the GCs. Mainly because she thought we were going to be EB3 but now that she has looked into the job more she thinks we can get EB1. And of course there are the billable hours...