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EB-11,
visa for persons with extraordinary ability |
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To be eligible for this category, a
person must:
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have extraordinary ability in sciences, arts,
education, business, or athletic which has been demonstrated by sustained
national or international acclaim and whose achievements have been
recognized in the field through extensive documentation;
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seek to enter the U.S. to continue to work in
the area of extraordinary ability;
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must show his or her entry is of substantial
prospective benefit to the U.S.
To qualify for EB-11 classification, the applicant
must show at least three of the following:
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Receipt of lesser nationally or internationally
recognized prizes or awards;
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Membership in a professional associations which
require outstanding achievement of their members;
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Published material about the alien in professional or
major trade publications or other major media;
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Evidence that the alien has judged the work of
others, either individually or on a panel;
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Evidence of the alien's original scientific,
scholarly, artistic, athletic, or business-related contributions of major
significance to the field;
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Evidence of the alien's authorship of scholarly
articles in professional or major trade publications or other major media;
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Evidence that the alien's work has been displayed at
artistic exhibitions or showcases;
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Performance of a leading or critical role in
distinguished organizations;
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Evidence that the alien commands a high salary or
other significantly high remuneration in relation to others in the field;
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Evidence of commercial successes in the performing
arts.
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EB-12, visa for outstanding researchers and
professionals |
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To be eligible for this category, a person:
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Must be internationally recognized in a specific
academic field;
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Must have at least three years of experience in
teaching or research in that field;
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Must be offered either a tenured (or tenure-track)
teaching position in a university, or a comparable position to conduct
research in a university or for a private employer. If the employer is a
private company rather that a university or educational institution, the
department, division, or institute of the private employer must employ at least three persons full time
in research activities and have achieved documented accomplishments in an
academic field.
Evidence that the professor or researcher is
recognized as outstanding in the academic field must include documentation
of at least two of the following:
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Receipt of major prizes or awards for outstanding
achievement;
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Membership in associations that require their members
to demonstrate outstanding achievements;
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Published material in professional publications
written by others about the alien's work in the academic field;
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Participation, either on a panel or individually, as
a judge of the work of others in the same or allied academic field;
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Original scientific or scholarly research
contributions in the field;
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Authorship of scholarly books or articles (in
scholarly journals with international circulation) in the field.
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EB-13,
visa for multinational executives and managers |
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This category requires that the petitioning employer or
an affiliate or subsidiary have employed the person for at least one year in
the three years preceding the petition. The future employment in the U.S.
must be in a managerial or executive position.
To be in a managerial capacity, a
person must:
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manage the organization, or a
department, subdivision, function, or component of the organization;
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supervise and control the work of
other supervisory, professional, or managerial employees, or manage an
essential function;
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have the authority to execute
personnel actions or function at a senior level and
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exercise discretion over
day-to-day operations of the activity or function.
To be in an executive capacity, a
person must:
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direct the management of the
organization or a major component or function of the organization;
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establish the goals and policies
of the organization, component, or function;
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exercise wide latitude in
discretionary decision-making;
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receive only general supervision
or direction from higher level executives, the board of directors, or
stockholders of the organization.
The petitioner must be a U.S. employer, doing business
for at least one year, that is an affiliate, a subsidiary, or the same
employer as the firm, corporation or other legal entity that employed the
foreign national abroad.
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