EB-1 visa

Therefore, applicants who can demonstrate their extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim are not required to have a permanent offer of employment in the US and are eligible to self-petition, however, they must intend to work in the US in their field of expertise.

An alien applicant must meet 3 out of the 10 listed criteria below to prove extraordinary ability in the field:[1] The major advantages of applying for aliens of extraordinary ability include: no labor certification is required for this EB-1 category; no job offer or permanent job position is required for aliens of extraordinary ability; and much faster to obtain a Green Card than the EB-3 or EB-2 immigration categories.

The EB-1B petition consists of Form I-140 and supporting documents to show that the alien beneficiary meets EB1 Outstanding Researcher or Professor criteria.

A qualifying relationship exists when the U.S. employer is an affiliate, parent or a subsidiary of the foreign firm, corporation, or other legal entity.

A United States employer may file a petition on Form I-140 for classification of an alien as a multinational executive or manager.

In 8 CFR § 204.5(h)(2), the definition of extraordinary ability is "a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor".

[15] If the USCIS approves the I-140 petition the applicant will be granted adjustment of status, assuming no ineligibilities such as disqualifying criminal convictions.