EB-1 Priority Workers

The EB-1 classification is open for 3 types of foreign nationals that:

  1. Possess Extraordinary Ability in the Sciences, Arts, Education, Business or Athletics, or
  2. Are Outstanding Professors or Researchers, or
  3. Managers and Executives of multinational business entities who are on international transfer to the U.S.

Persons in this category are allowed to file for permanent residency (green cards) and do not need to file labor certification application. Thus, beneficiaries in this group enjoy the highest priority among all employment-based green cards.

Steps

Individuals with extraordinary ability may self-petition. All other EB-1 petitions should be filed by your employer.

Either you or your employer should file-in Form I-140, the Petition for Alien Worker with the USCIS Regional Service Center that has jurisdiction over the location of your employment. This form should contain all necessary documents and evidence. Labor certification is not required for EB-1 petitions.

Documents

Aliens with extraordinary ability are defined by USCIS as individuals 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.” The Nobel Prize or similar awards duly prove this status. However, there are alternative means of proving your extraordinary ability. You may submit at least three of the following types of evidence:

  1. Receipt of lesser recognized prizes or awards for excellence.
  2. Membership in associations in your area which demand outstanding achievement of their members.
  3. Published material about you in major publications.
  4. Proof that you have judged others’ works.
  5. Proof that you have made original contributions to your field.
  6. Proof that you have published articles about your field in major publications.
  7. Proof that your work has been displayed in exhibitions or showcases.
  8. High status in a distinguished organization.
  9. Proof that you receive high payments for your work, in relation to your peers.
  10. Proof of commercial success in the performing arts.

As an outstanding professor or researcher, you should be internationally recognized in your field. You should be coming to the US to accept a tenure track position, and you should have had at least three years experience in your academic field.

Evidence of your status should include at least two of the following:

  1. Receipt of major prizes or awards for outstanding achievement.
  2. Membership in associations in your area which demand outstanding achievement of their members.
  3. Published material about you in major publications.
  4. Proof that you have judged others’ works.
  5. Proof that you have made original contributions to your field.
  6. Proof that you have published articles about your field in major publications.

To be eligible for EB-1 classification as a manager or executive transferred to the US, you must have been employed outside the US as a manager or executive for at least one out of the past three years. The company you work for must have been seeking to enter the US to conduct business during that period of time.