EB-1 Priority Workers

Who is Eligible for an EB-1?

There are three different categories a worker can qualify for an EB-1 visa. They are:

1. Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics.
2. Foreign national that are outstanding professors or researchers.
3. Foreign nationals that are managers and executives subject to international transfer to the United States.

What is Extraordinary Ability?

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. An alien must have risen to the very top of his or her field.

For example, receiving an internationally recognized award, such as a Nobel Prize, will qualify an alien 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.

Most aliens in this classification have not received a Nobel Prize. In the alternative, an alien alternative may prove his or her extraordinary ability by showing at least three of the below types of evidence outlined below. (If the following criteria do not apply, the worker may submit other evidence that would demonstrate their extraordinary ability).

Who is an Outstanding Professor or Researcher?

Outstanding professors and researchers are known internationally for their academic achievements in a particular field. An outstanding professor or researcher must have at least three years experience in teaching or research in their academic area, and enter the U.S. in a tenure or tenure track teaching or research position at a university or other institution of higher education.

If the employer is a private company rather that an educational institution, 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:

No labor certification is required for this category of an EB-1, but the prospective employer or university must provide proof of a job offer and file a petition with the USCIS

Who Qualifies as a Multinational Executive or Manager?

Some executives and managers of foreign companies who are transferred to the U.S. may qualify under this category. 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 (in a managerial or executive capacity) 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.

No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS.

If you believe you qualify for an EB-1 or would like to employ an alien under an EB-1 please contact us. The experienced and skilled immigration attorneys at Shihab & Associates Co., LPA are fully prepared to help you along every step of the way.