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What are the eligibility criteria for obtaining an EB-1 visa in the United States?

As an attorney, I can provide legal advice regarding the eligibility criteria for obtaining an EB-1 visa in the United States.

EB-1 visas are issued to individuals who possess extraordinary ability in science, arts, education, business, or athletics; are outstanding professors or researchers; or are multinational executives or managers. To be eligible for an EB-1 visa, an applicant must meet certain requirements and demonstrate their qualifications for the specific category they are applying for.

For individuals who possess extraordinary ability in science, arts, education, business, or athletics, they must meet three out of the ten evidence criteria established by the United States Citizenship and Immigration Service (USCIS). The evidence criteria include:

  1. Receipt of a major internationally recognized award, such as a Nobel Prize or Pulitzer Prize.
  2. Membership in an association in the field which requires outstanding achievements of its members, as judged by recognized national or international experts.
  3. Published material about the applicant in professional or major trade publications or other media.
  4. Evidence of participation as a judge of the work of others in the same or an allied field of specialization.
  5. Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
  6. Authorship of scholarly articles in professional or major trade publications or other media.
  7. Display of the applicant's work at artistic exhibitions or showcases.
  8. Performance in a leading or critical role in distinguished organizations.
  9. Evidence of commanding a high salary or other significant remuneration for services, in relation to others in the field.
  10. Commercial successes in the performing arts, as shown by box office receipts or similar evidence.

For individuals who are outstanding professors or researchers, they must demonstrate international recognition in their academic field, at least three years of experience in teaching or research, and an offer of employment from a U.S. employer for a tenured or tenure-track position, or a comparable research position at a university or other institution of higher education.

For multinational executives or managers, they must have been employed outside the United States in a managerial or executive capacity for at least one year in the three years prior to the application, and be coming to the United States to work in a managerial or executive capacity for the same employer or a subsidiary or affiliate.

It is important to note that while meeting the eligibility criteria is necessary, it does not guarantee approval of the visa application. Additionally, there may be exceptions or limitations to the eligibility criteria depending on the specific circumstances of the applicant. It is recommended to consult with a licensed attorney for further guidance and assistance in the visa application process.