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Obtaining a first preference EB-1 visa

Foreigners with extraordinary abilities in their fields may be able to immigrate to South Carolina with a first preference employment-based visa. The EB-1 visa is reserved for individuals who are able to demonstrate that they are well recognized for their achievements in business, athletics, arts, science or education. Those who can show substantial documentation of their extraordinary abilities would not be required to have an offer of employment in the United States in order to qualify for an EB-1 visa.

Foreign professors or researchers with an offer of employment in the U.S. may also qualify for an EB-1 visa. To qualify, a professor or researcher must be able to show that they have international recognition in their fields. They must also have plans to pursue a research or teaching position at a university in the U.S.

A manager or executive for a U.S. company that was doing business abroad may be able to obtain an EB-1 visa in order to continue their employment within the U.S. This type of EB-1 visa applicant must prove that they have been employed by the company for one year and plan to continue working for the same company once they enter the U.S. To apply for an EB-1 visa, applicants must have their employer petition for them by filing Form I-140, Petition for Alien Worker. Applicants with extraordinary abilities in their fields may petition for themselves by filing the same form.

A person who would like to apply for an EB-1 visa may have a greater chance of success with the help of an immigration attorney. An attorney may also be able to help those who have had their EB-1 visa application denied to appeal the decision or identify another type of employment visa that they may qualify for.

Source: US CIS, "Employment-Based Immigration: First Preference EB-1", December 31, 2014

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