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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28185
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith
, and I am currently on H1B in the usa As I am

Customer Question

Customer: Hi Judith
JA: Thanks. Can you give me any more details about your issue?
Customer: My name is ***** ***** I am currently on H1B in the usa As I am at a managerial position currently, my employer would like to file my GC in EB1 category
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Submitted: 10 months ago.
Category: Immigration Law
Expert:  Judith replied 10 months ago.

HelloPratap, thank you for requesting me and I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

There is a very strict criteria for EB1 and generally only a managerial position alone does not qualify unless you are working for a multi-national company and here on an L1A visa.

You have to prove that you have risen to the top of your field of endeavor and have risen above the average person performing such a job in the industry. You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.

This is the criteria and the documentary requirements:

Criteria for Demonstrating Extraordinary Ability
You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

** Examples of Documentary Evidence That A Person is an Outstanding Professor Or Researcher

  • Evidence of receipt of major prizes or awards for outstanding achievement
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement
  • Evidence of published material in professional publications written by others about the alien's work in the academic field
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Evidence of original scientific or scholarly research contributions in the field
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

It has been my experience Managers must go through the PERM process through the Dept of Labor.

I hope I’ve provided the information you were seeking. If you are happy with my service, please provide a positive rating. If not, please let me know so l can continue to help you.. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. If you feel I earned a BONUS, I am grateful. I will remember you and review our question history. Thank you.

Judith

Expert:  Judith replied 10 months ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.
Judith

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