The first preference employment-based category is available for those that fall within the following priority worker categories: extraordinary ability, outstanding professor or researcher, and multinational manager or executive.
Those that can demonstrate that they qualify under one (1) of the three (3) above categories are given first preference for employment-based immigrant visas, and are exempt from the lengthy and cumbersome PERM recruitment process. Each priority worker category has specific criteria that must be demonstrated for approval:
Permanent Residence (Green Card) for demonstrated Extraordinary Ability
To receive approval as a priority worker with extraordinary ability you must be able to provide documented proof of your extraordinary ability in the sciences, business, arts, athletics, or education through sustained national or international acclaim. Those that can demonstrate at least three (3) of the following ten (10) criteria can self-petition (no employer is required):
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Evidence of your membership in associations in the field which demand outstanding achievement of their members
- Evidence of published material about you in professional or major trade publications or other major media
- Evidence that you have been asked to judge the work of others, either individually or on a panel
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
- Evidence that your work has been displayed at artistic exhibitions or showcases
- Evidence of your performance of a leading or critical role in distinguished organizations
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
- Evidence of your commercial successes in the performing arts
- Those in this category can also meet the requirement through proof of a one-time achievement such as a Pulitzer, Oscar, Olympic Medal, Etc…
Permanent Residence (Green Card) as an Outstanding Professor or Researcher
In order to meet the evidentiary criteria as a priority worker as an Outstanding Professor Researcher you must show:
- International recognition for your outstanding achievements in a particular academic; and
- You must have at least 3 years of experience in teaching or research in that academic area; and
- You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university or other institution of higher education; and
- An offer of employment from the prospective U.S. employer.
In addition to the above requirements you must be able to provide evidence of at least two (2) of the following:
- Evidence of receipt of major prizes or awards for outstanding achievement;
- Evidence of membership in associations that require their members to demonstrate outstanding achievement;
- Evidence of published material in professional publications written by others about the alien’s work in the academic field;
- Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
- Evidence of original scientific or scholarly research contributions in the field;
- Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
Permanent Residence (Green Card) as a Multinational Manager or Executive
To obtain approval as a priority worker as a multinational manager or executive you must demonstrate that:
- You have been employed outside the United States at least 1 of the last 3 years preceding the petition by a firm or corporation; and
- You are seeking to enter the United States to continue service to that firm or organization; and
- Your 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 petitioning employer must be a U.S. employer that has been doing business for at least one (1) year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employer you abroad.
Richards and Jurusik Immigration Law is able to assist individuals, employers and employees with EB 1 employment based immigration petitions. We have successfully represented clients in all aspects of employment based immigration law and are able to apply our experience to your unique case.