EB-1 Priority Workers: Extraordinary Ability

• Employer - Not required
• Labor Certification - Not required

This category is also referred to as E11 category.

Aliens with extraordinary ability are those with "extraordinary ability in the science, 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 qualify for this classification.

It is generally advisable to submit petitions in 2 or 3 different categories assuming the applicant can qualify under 2 separate categories. This will increase the chance of a successful result especially in the case of Chinese and Indian citizens that have a big backlog in other employment based categories.

Some examples of the persons that qualify under this category are medical researchers, a professor or Engineering, a software developer who has a Ph.D. in 2 areas and has been responsible for state-of-the-art innovations that have significantly advanced the field as a whole.

Documents

Petition must be filed with the following evidence:

• One of the following evidences:

  Evidence of a one-time achievement such as receipt of a major internationally recognized award such as a Nobel Prize or other awards that are in the same class as a Nobel Prize; or

  Alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below:

  Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
  • Membership in associations in the field which require outstanding achievements of their members as judged by recognized national or international experts.
  • Published material about the alien in professional or major trade publications or other major media. Such evidence shall include the title, date, and author of the material, and any necessary translation.
  • Evidence of participation on a panel or individually as a judge of the work of others in the field or an allied field.
  • Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
  • Evidence of 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.
  • Evidence that the alien has performed in a leading or critical role for organizations or establishments that have distinguished reputations.
  • Evidence that the alien commands a high salary or other significantly high renumeration in relation to others in the field.
  • Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

  If the above standards don't readily apply to the alien's occupation, you may submit comparable evidence to establish the alien's eligibility.

  Please note that simply having evidence in 3 out of the 10 items is not sufficient. It is a minimum baseline requirement.

• Evidence that the alien is coming to the U.S. to continue work in the area of expertise. Such evidence may include letter(s) from prospective employee(s), evidence of prearranged commitments such as contracts, or a statement from the alien detailing plans on how he or she intends to continue work in the U.S.

Procedure

• Form I-140 Petition for Immigrant Worker.
• When the priority date is current, either Adjustment of Status or Consular Processing.

EB-1 Priority Workers: Outstanding Professors and Researchers

• Employer - Required
• Labor Certification - Not required

This category is also referred to as E12 category.

Outstanding professors and researchers must be recognized internationally for their outstanding academic achievements in a particular field. They must have at least 3 years experience in teaching or research in that academic area, and enter the US in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education. Temporary research positions don't qualify. The employer can also be a private company if they employ at least 3 persons full time in research activities and have achieved documented accomplishments in an academic field.

Documents

Petition must be filed with the following documentation:

• Submit at least 2 of the following evidences:
  • Receipt of major prizes or awards for outstanding achievement in the academic field.
  • Membership in associations in the academic field which require to demonstrate outstanding achievements of their members.
  • 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 to the academic field.
  • Authorship of scholarly books or articles, in scholarly journals with international circulations, in the academic field.
• Evidence the beneficiary has at least 3 years of experience in teaching and/or research in the academic field.
• Submit either of the following documents as applicable:
  • If a university or other institution of higher education is filing the petition, a letter indicating that it intends to employ the beneficiary in a tenured or tenure-track position as a teacher or in a permanent position as a researcher in the academic field; or
  • If a private employer is filing the petition, a letter indicating that it intends to employ the beneficiary in a permanent research position in the academic field, and evidence that it employs at least 3 full-time researchers and have achieved documented accomplishments in the field.

Procedure

• Permanent, full time job offer.
• Form I-140 Petition for Immigrant Worker.
• When the priority date is current, either Adjustment of Status or Consular Processing.

EB-1 Priority Workers: Multinational Executives and Managers

• Employer - Required
• Labor Certification - Not required

This category is also referred to as E13 category.

Some executives or managers of multinational companies who are transferred to the U.S. may qualify for this classification. There are strict definitions of executives and managers. These executives and high-level managers must be responsible for directing the company or an important department or component of the company.

Documents

Petition must be filed with the following documentation:

• If the worker is now employed outside the U.S., that he/she has been employed outside the U.S. for at least 1 year in the past 3 years in an executive or managerial capacity by the petitioner or by its parent, branch, subsidiary or affiliate; or, if the worker is already employed in the U.S., that he/she was employed outside the U.S. for at least 1 year in the 3 years preceding admission as a nonimmigrant in an executive or managerial capacity by the petitioner or by its parent, branch, subsidiary or affiliate.
  
  The employee may already be in the U.S. in a non-immigrant visa status such as the L-1A visa or one of the E visa classifications.
• The prospective employer in the U.S. is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien as employed abroad.
• The prospective U.S. employer has been doing business for at least 1 year.
• The alien is to be employed in the U.S. in a managerial or executive capacity. A description of the duties to be performed should be included.

Procedure

• Permanent, full time job offer.
• Form I-140 Petition for Immigrant Worker.
• When the priority date is current, either Adjustment of Status or Consular Processing.