Priority Workers EB-1 (A, B, C)
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. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit “other comparable evidence” if the following criteria do not apply:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
- Membership in associations in the field which demand outstanding achievement of their members;
- Published material about the alien in professional or major trade publications or other major media;
- Evidence that the alien has judged the work of others, either individually or on a panel;
- Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
- Evidence of the alien’s authorship of scholarly articles in professional or major trade publications or other major media;
- Evidence that the alien’s work has been displayed at artistic exhibitions or showcases;
- Performance of a leading or critical role in distinguished organizations;
- Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
- Evidence of commercial successes in the performing arts.
Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education. 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:
- Receipt of major prizes or awards for outstanding achievement;
- Membership in associations that require their members to demonstrate outstanding achievements;
- Published material in professional publications written by others about the alien’s work in the academic field;
- Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
- Original scientific or scholarly research contributions in the field;
- Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
Some executives and managers of foreign companies who are transferred to the U.S. may qualify. A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S to continue service to that firm or organization. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
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. Definitions of terms relevant to this EB-1 category are found in 8 CFR § 204.5.
A USCIS Form I-140 (Petition for Alien Worker) is required. All I-140 petitions must be filed at the USCIS Regional Service Center that has jurisdiction over the place where the individual will work. The petition packet must include the required documentary evidence and should follow the specific filing guidelines of the Service Center. No labor certification is needed for EB-1 petitions.
While the EB-1 worker of extraordinary ability may petition for himself or herself, the employer must file the petition for an outstanding professor or researcher and a multinational executive or manager.
Outstanding Professors and Researchers
Foreign Nationals who are recognized internationally as outstanding professors or researchers in a specific academic area are qualified for a special category of EB-1. Individuals that meet the requirements outlined below will be able to secure permanent residence without having to go through the labor certification (PERM) process.
– 3 years of experience in teaching or research
– Must be seeking to enter the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or an educational institution.
– Offer of employment from the university or educational institution.
* If the offer of employment is from private company rather than a university or educational institution, the private company is required to have at least three full time employees responsible for research work and be able to provide a history of documented accomplishments in an academic field.
Multinational Executives and Managers
There is a third special avenue for individuals in managerial or executive positions to gain permanent resident status through an EB-1 Visa. First line supervisors are not considered managers unless they supervise professionals.
Acting in managerial capacity includes duties such as:
- Managing the business organization, department, subdivision, function or component;
- Supervising and controlling the work of other supervisory, professional or managerial employees or managing an essential function within the organization, department, division, or subdivision;
- Hiring and firing employees; assuming responsibility for making personnel decisions; and
- Exercising discretion over day-to-day operations.
Acting in executive capacity includes duties such as:
- Directing the management of the organization or a component or function;
- Establishing goals and policies;
- Exercising wide latitude in discretionary decision making;
* To qualify under the executive designation, an individual can only be receiving general supervision or direction from senior executives, board of directors or stockholders.
No labor certification is required.
- Must have been employed for at least one year (in last 3 years) by a corporation or other legal entity abroad in a managerial or executive capacity.
- Must seek to enter the U.S. to continue to render services to the same employer, a subsidiary company, or an affiliate.
- Job offer from an employer
Our Role in Your Success
Zaidi Law Firm P.C. can help you prepare an application that showcases your ability and achievements, while also highlighting your potential with access to resources in the U.S. USCIS has a very specific criteria for what they will accept as qualifying evidence or proof of eligibility for an EB-1(C) visa. Nineteen years of experience have empowered us with a thorough understanding of all the different elements that are necessary to establish a winning case. There is a simple explanation for why our success rates are far higher than the national average. We know how to assemble winning applications and we strive to provide an unparalleled level of service to all of our clients.