EB-1 First Preference Employment-Based Immigration
First Preference EB-1. A person may be eligible for an employment-based, first-preference visa if they can demonstrate extraordinary ability, as an outstanding professor or researcher, or are a multinational executive or manager (as in our case with the medical device IP and business). Each occupational category has certain Eligibility Criteria requirements that must be met:
Extraordinary Ability. A person must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. His/her achievements must be recognized in their field through extensive documentation. No offer of employment is required in such circumstances.
Multinational Manager or Executive. In order to qualify for this category, a person must have been employed outside the U.S. in the 3 years preceding the petition for at least 1 year by a firm or corporation and they must be seeking to enter the U.S. to continue service to that firm or organization. The employment must have been outside the U.S. in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer. This is the Permanent Residency category to be used for L- 1 visa holders.
The petitioning employer must be a U.S. employer, and the employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed the applicant abroad.