What is a Prevailing Wage Determination?

The U.S. employer must pay at least 100% of the "prevailing wage." This is what US workers are usually paid to do the same job. This is known as PERM Certification. 

What is Labor Certification?

Labor certification requires U.S. employers to certify that no U.S. workers meet the minimum qualifications and so hiring the sponsored migrant will not displace US workers from a job. Specifically:

- There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
- Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers

Benefits

The EB-1 visa is seen as a particularly desirable green card because:

- EB-1 visa priority dates are "current," which means the wait can be a lot shorter than for other green cards.
- It is also unnecessary to go through the PERM process (where the Department of Labor would need to establish that existing U.S.-based workers could fill the same position).
- The spouse and any minor children of the green card holder may also be eligible for admission into the United States under E-14 or E-15 immigrant status.

For these reasons, EB-1 visa applications are subject to strict scrutiny, and they are among the most difficult visas to obtain.

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Requirements 

EB-1A Extraordinary Ability

1. Winning a national or international award, whether as an individual or as part of a company or team (or having coached a third party who went on to win great recognition).

2. Membership of an association or group that sets a high achievement threshold to qualify, which experts must judge. A simple paid membership would not be eligible.

3. High-profile publications, such as major trade magazines or media (not local press).

Other types of evidence to support your application may include notable achievements or contributions within your sector, such as inventions and patents, along with commanding a high salary or running a profitable enterprise.

EB-1B Outstanding Professor or Researcher

Be seeking to enter the U.S. to pursue tenure or tenure-track teaching or research positions at a university or comparable educational institution.

1. You can demonstrate that you have earned international recognition for outstanding achievement in your particular academic field.

2. In addition, you must have a minimum of three years of experience either in teaching or in research in the same academic area.

3. You must be seeking to enter the United States to pursue tenure or tenure-track teaching or to take up a research position at a university (or equivalent educational institution). 

EB-1C Multinational Executive or Manager

1. A managerial or executive who has been outside the U.S. for at least one of the preceding three years and is seeking to enter the U.S. to continue working for the organization or business.

2. The employer must meet the definition of a multinational corporation.
The petitioning employer must be a U.S. employer and must have been doing business for at least one year at the time of application.

3. The applicant must be looking to continue their service to that same organization in the United States.

Your employer has to file a Petition on your behalf. The employer must show their ability to pay the offered wage current with the priority date continually.

A key factor is proving the relationship between the U.S.-based operation and any international or foreign parent or affiliated company. There are two main ways of showing this: 

1. Either the U.S. or foreign companies own the other (parent-subsidiary relationship). 

2. An affiliation, in which the same shareholders own substantially similar stakes in both companies. 

There are two common challenges during the EB-1C visa application process: 

- When the applicant is an executive and the owner of the company. 
- Proving whether the job in question is genuinely managerial or executive.

The EB-1 visa is reserved for foreign nationals who demonstrate extraordinary ability in their field. 

Qualifying areas can be science, arts, education, business, or athletics. Evidence proving extraordinary is outstanding achievements by "sustained national or international acclaim."

There are three broad EB-1 visa types:

- EB-1A Visa: Extraordinary Ability green card.
- EB-1B Visa: Outstanding Professor or Researcher green card.
- EB-1C Visa: Managers or Executives of multinational companies.

What is Labor Certification?
What is a Prevailing Wage Determination?
Requirements
Benefits
Qualifications

Qualifications

The evidence submitted must meet at least 3 out of 10 criteria set by USCIS or provide proof of a truly exceptional single achievement.

- You can demonstrate extraordinary ability in your field (sciences, arts, education, business, or athletics) through sustained national or international acclaim.
- Having membership of one or more associations in the field that require outstanding achievement as a condition of membership.
- Proof of published material about the beneficiary in professional or major trade publications or other major media.
- Evidence of having been invited to judge the work of others, whether as an individual or part of an expert panel.
- Evidence of original scientific, scholarly, or business-related contributions of major significance to the field.
- Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
- Evidence of performance in a leading or critical role in respected organizations.
- And possibly evidence of commanding a high salary (or other significantly high remuneration) compared to others in the field.
- Published material in professional publications written by others about the beneficiary's work in the academic field.
- Original scientific or scholarly research contributions in the field.

We typically recommend obtaining references from around ten independent experts who can validate the evidence, proving that any publications or citations are relevant and meet the minimum requirements.

 

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