EB-1 Priority Workers

Extraordinary Ability - Individuals who have attained a high level of achievement and recognition in the fields of science, arts, education, business, or athletics may petition for permanent residence without first obtaining a labor certification.  These petitions may be made by individuals on their own behalf, or by U.S. employers on behalf of an individual employee.  To qualify as a person of extraordinary ability, the individual must show that he or she posses a level of expertise indicating that he or she is at the very top of his or her field. 

In order to document a successful application under this category, the individual must provide evidence that he or she has sustained national or international acclaim that has been recognized by other top members in the field.  This documentation requirement can be satisfied either by providing evidence that the individual has received one major international award (such as a Pulitzer Prize), or by showing at least three of the following ten items:

1. Documentation of the individual's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the individual's membership in associations in the field or which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the individual in professional or major trade publications or other major media, relating to the individual's work in the field for which classification is sought;
4. Evidence of the individual's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
5. Evidence of the individual's original scientific, scholarly, artistic, athletic, or business related contributions of major significance in the field;
6. Evidence of the individual's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
7. Evidence of the display of the individual's work in the field at artistic exhibitions or showcases;
8. Evidence that the individual has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the individual has commanded a high salary or other significantly high remuneration for services, in relation to other in the field; or
10. Evidence of commercial success in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

While an individual may self-sponsor by filing an I-140 immigrant petition under the Extraordinary Ability category on his or her own behalf, he or she must nonetheless prove by clear evidence that he or she will work in the United States in the field under which classification is sought.  This evidence may take the form of contracts, commitment letters, or a statement by the individual of his or her plans to work in the United States.

Outstanding Professor or Researcher - Academic institutions or research organizations may apply for permanent residence status on behalf of professors and researchers with outstanding qualifications.  While an approved labor certification need not accompany this application for permanent residence, the foreign national must have an offer of permanent employment with a U.S. educational or research organization that can prove its ability to pay the researcher's salary.  Unlike the Extraordinary Ability category, a person may not self-sponsor under the Outstanding Professor and Researcher category.  Teaching positions used as the basis for this category of permanent residence petition must be tenured or tenure-track positions; research positions must be permanent, full-time positions.

Two threshold requirements must be met to file a successful application as an outstanding professor or researcher.  First, the petitioner-employer must either be a university or institute of higher education, or a private company that already employs at least three full-time researchers.  Second, the professor or researcher must have at least three years of experience in teaching and/or research in the academic field. 

In addition to the two threshold requirements, the application must demonstrate that the professor or researcher is recognized internationally as outstanding in the academic field specified in the petition.  To meet this requirement, the application must provide evidence consisting of at least two of the following six items:

1. Documentation of the individual's receipt of major prizes or awards for outstanding achievement in the academic field;
2. Documentation of the individual's membership in associations in the academic field that require outstanding achievements of their members:
3. Published material in professional publications written by others about the individual's work in the academic field;
4. Evidence of the individual's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
5. Evidence of the individual's original scientific or scholarly research contributions to the academic field; or
6. Evidence of the individual's authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

Multinational Executives and Managers - Companies that have been established in the United States for at least one year and that are established in at least one other country may sponsor certain managers and executives for permanent residence without first obtaining a labor certification for the position.  To prove eligibility under the Multinational Manager and Executive category, the U.S. employer must file Form I-140, with evidence that the sponsored employee worked for the company as a manager or executive outside the United States for at least one year during the three years preceding the filing of the petition.  If the employee is already in the United States in valid nonimmigrant status, the petitioning employer must prove that the employee worked with the company abroad as a manager or executive for a full year during the three years immediately preceding the employee's entry to the United States in legal status.  In addition, the employer must show that a qualifying relationship existed between the employee's foreign employer and the U.S. employer while the employee worked abroad.  Finally, the employer must show that the employee has been offered a managerial or executive position with the company in the United States.

Upon receipt of an approved I-140 immigrant petition, an individual may obtain permanent residence status either by filing a Form I-485 application for adjustment of status from within the United States, or through consular processing at a U.S. consulate outside the United States. Please contact our office for more information.