EB-1 Priority Worker

EB-1 Priority Worker Categories

EB-1 Priority Worker Categories

1. Extraordinary Ability

Description: For individuals with extraordinary ability in the sciences, arts, education, business, or athletics. This category requires sustained national or international acclaim.

Evidence: Applicants must demonstrate extraordinary ability through at least three of the following:

  • Receipt of lesser-recognized prizes or awards for excellence.
  • Membership in associations requiring outstanding achievement.
  • Published material about the individual in major publications.
  • Evidence of judging the work of others.
  • Original contributions to the field.
  • Published articles about the field in major publications.
  • Work displayed in exhibitions or showcases.
  • High status in a distinguished organization.
  • High salary compared to peers.
  • Commercial success in performing arts.

2. Outstanding Professors and Researchers

Description: For professors and researchers recognized internationally as outstanding in their academic field. Must be coming to the U.S. to accept a tenure-track position.

Experience: At least three years of experience in the academic field.

Evidence: Should include at least two of the following:

  • Receipt of major prizes or awards.
  • Membership in associations requiring outstanding achievement.
  • Published material about the individual.
  • Evidence of judging the work of others.
  • Original contributions to the field.
  • Published articles about the field.

3. Managers and Executives

Description: For managers and executives of multinational companies who are being transferred to the U.S.

Experience: Must have been employed as a manager or executive outside the U.S. for at least one of the past three years. The company must be seeking to enter the U.S. market during that time.

Application Process

Petition Filing

Extraordinary Ability: Individuals may self-petition.

Outstanding Professors/Researchers and Managers/Executives: Petitions should be filed by the employer.

Form I-140: Submit Form I-140, Petition for Alien Worker, to the USCIS Regional Service Center with jurisdiction over the employment location.

Supporting Documents

For Extraordinary Ability: Provide documentation that proves extraordinary ability through the criteria listed above.

For Outstanding Professors/Researchers: Provide evidence of international recognition and achievements.

For Managers/Executives: Provide proof of prior managerial or executive role and the multinational nature of the company.

Labor Certification

Not Required: Labor certification is not required for EB-1 petitions.

Advantages

  • Priority Processing: EB-1 applicants receive the highest priority among employment-based green cards.
  • No Labor Certification: The process is streamlined as labor certification is not required.

Conclusion

The EB-1 visa offers a fast-track to U.S. permanent residency for individuals with extraordinary abilities, outstanding academic achievements, or those in key managerial or executive roles with multinational companies. Properly documenting qualifications and achievements according to the specific EB-1 category is crucial for a successful application.

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