EB-1 : Priority Workers

The Employment-Based 1st Preference, also known as the priority worker category, is divided into three groups.

Preference one EB1 (1) is for aliens with extraordinary ability. This is defined as an alien with a level of expertise indicating that the individual is one of those small percentages who has risen to the very top of the field of endeavor. The petition filed on behalf of an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. The regulations set forth the type of documentation that must be submitted as evidence of this achievement.

Neither an offer of employment in the United States nor a labor certification is required for this classification; however, the petition must be accompanied by clear evidence that the alien is coming to the US to continue work in the area of expertise.

Preference one EB1 (2) is for those aliens who are outstanding professors and researchers, and who have an offer of employment from a prospective United States employer. A labor certification is not required for this classification.

A petition for an outstanding professor or researcher must be accompanied by evidence that the professor or researcher is recognized internationally as outstanding in the academic field specified in the petition. The regulations set forth what type of evidence must be submitted to meet these criteria.

Preference one EB1 (3) is for certain multinational executives and managers. These are persons who have been admitted to the United States in order to work in, and who are currently working in, managerial or executive positions with the same international corporations or organizations with which they were continuously employed as managers or executives outside the US for at least one out of the three years before they were admitted; and aliens outside of the US who will be engaged in the US in managerial or executive positions with the same international corporations or organizations with which they have been continuously employed as managers or executives outside the United States for at least one of the immediately preceding three years. The terms manager and executive are more thoroughly defined in the regulations. It should be noted that these provisions provide for a waiver of the labor certification requirement. In order to qualify for this waiver, the United States business must have been in operation and doing business for at least one year prior to the filing of the waiver application. As stated above, no labor certification is required for this classification; however, the prospective employer in the United States must furnish a job offer in the form of a statement that indicates that the alien is to be employed in the United States in a managerial or executive capacity. Such letter must clearly describe the duties to be performed by the alien.

EB-1 Eligibility and Filing

Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize.

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