Immigration & Criminal Defense Attorneys


About the First-Preference Employment Immigration Visa Category

Every year, the Immigration and Nationality Act provides for the issuance of around 140,000 employment-based immigration visas. These permanent work visas are divided up among five categories of workers, and more than a quarter (28.6 percent) goes to individuals who can meet the high standards that are set for the first category, the EB-1 priority worker visa. Approximately 40,000 immigration visas are available to workers who can satisfy the criteria for one of the following three subcategories:

Persons with Extraordinary Ability

This category applies to people whose abilities in the sciences, arts, education, business or athletics may be considered extraordinary as demonstrated by evidence of sustained national or international acclaim and recognition. Individuals seeking entrance on this type of visa are not required to have a specific offer of employment, since the U.S. government is eager to accept such workers to live and work in this country, provided that they will continue to work in the field in which they excel.

Outstanding Professors and Researchers

To qualify for this category, the professor or researcher must have a minimum of three years’ experience in the field and must have achieved international recognition for his or her work. It is required that the professor or researcher be planning to pursue tenure or a comparable research position at a university or other major academic institution. A professor or researcher applying for this visa must be accepting a specific offer of employment.

Multinational Managers and Executives

Provided that the individual has been employed by the same company for at least one of the past three years, a manager or executive may be eligible for EB-1 status in order to move to the U.S. to continue in the same or similar position in this country.

Additional Requirements for EB-1 Immigration Visas

Labor certification is not necessary for any of the three types of EB-1 immigrant visas, since the government is willing to accept people who can meet the criteria without concerns of displacing local workers or depressing wages in the local market. For the first category, the immigrant worker is permitted to submit his or her own Form I-140, Immigrant Petition for Alien Worker, but the other two categories require that the U.S. employer submit the petition on behalf of the worker.

Let Our Salt Lake City Immigration Lawyers Guide You Through the Process

Given that the eligibility standards for this category of permanent employment visa are so high, it is in your best interests to retain the services of a Salt Lake City immigration lawyer from Keen Law Offices, LLC to assist you with the application process. We have firsthand understanding of the different types of evidence that are most effective in proving to the immigration authorities that an individual meets the requirements and we are prepared to represent you in the event that any disputes or complications arise concerning your eligibility. Contact us now to discuss your situation and to allow us to begin working on the petition.