EB 1 Priority Workers:

The EB-1 category covers three groups: aliens of extraordinary ability, outstanding professors and researchers and international managers and executives. The EB-1 category does not require labor certification, meaning the petitioner does NOT need to prove that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment. This makes the time spent processing an EB-1 application much shorter than for categories that do require a labor certification.

Aliens of Extraordinary Ability do not need an employer to file the petition for them. They can self-petition by demonstrating that (i) the alien has received a major, internationally recognized award such as a Nobel Prize or an Academy Award OR (ii) the alien has to show three of the following types of evidence:

  • Receipt of lesser national or international prizes or awards for excellence in their field of endeavor
  • Membership in associations in the field of endeavor that require outstanding achievements of their members
  • Published material about the alien and his work in professional journals, trade publications, or the major media
  • Participation, either in a group or alone, as a judge of others in the same or a similar field
  • Original scientific, scholarly, or artistic contributions of major significance in the field of endeavor
  • Authorship of scholarly articles in the field, published in professional journals or the major media
  • Display of the alien’s work at artistic exhibitions or showcases in more than one country
  • Performance in a lead, starring, or critical role for organizations with a distinguished reputation
  • Commanding a high salary compared to others in the field
  • Commercial success in the performing arts, as shown by box office receipts and sales

USCIS has also included a catch-all category allowing submission of other comparable evidence.

Outstanding Professors and Researchers – to meet the requirements of this category, the alien has to submit the following evidence:

  • International recognition as outstanding in a specific academic field.
  • At least three years teaching or research in the field. The teaching or research experience can be gained while in pursuit of an advanced degree, but only if the alien had full responsibility for the courses taught, or the research is recognized as outstanding.
  • An offer of employment (for a tenure or tenure-track teaching position or a comparable research position, OR a research position with no fixed term in a position where the employee would generally have the expectation of permanent employment, OR a research position with a private company if the employer has at least three full time researchers and has documented research accomplishments in the field)

Unlike aliens in the extraordinary ability subcategory, aliens in the outstanding professor or researcher subcategory must have a job offer.

Multinational Executives and Manager – To qualify as an executive or manager transferred to the U.S., the alien must have worked for an affiliate of the Petitioner for at least one year of the previous three. This does not need to have been completed in one stretch, but can be aggregated. This work must be in an executive or managerial capacity. Also, the alien must be coming to the U.S. to work in an executive or managerial capacity. If the alien is already in the U.S., the required one year of employment in the past three will be determined by looking at the three years prior to the alien’s transfer to the U.S. The U.S. business must have been established for at least one year before filing the petition. This category is very similar to the L-1 nonimmigrant category. There are a few differences. EB-1s are only available to managers and executives, and not workers with specialized knowledge. Second, unlike L-1’s, the US branch of the business must have been in operation for one year before petitioning for an immigrant worker.

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