First Preference Background There are five (5) immigrant visa categories
available to aliens who wish to come to the United States for the
principal purpose of employment. These are known as the
employment-based 1st, 2nd, 3rd, 4th, and 5th preference categories. The
vast majority of persons obtaining permanent residence in the United
States through employment do so in one of the first three
employment-based categories (i.e., EB-1, EB-2, EB-3).
The employment-based 1st preference, also known as the priority worker category, is divided into three groups: Aliens with Extraordinary Ability EB1(1), Aliens who are Outstanding Professors & Researchers EB1(2), and Certain Multinational Executives and Managers EB1(3).
Extraordinary Ability Preference
category EB1(1) is for aliens with extraordinary ability. This is
defined as an alien with a level of expertise indicating that the
individual is one of that small percentage who has risen to the very top
of the field of endeavor. The petition filed on behalf of an alien of
extraordinary ability must be accompanied by evidence that the alien has
sustained national or international acclaim and that his or her
achievements have been recognized in the field of expertise. The
regulations set forth the type of documentation that must be submitted
as evidence of this achievement.
N.B. Neither an offer of
employment in the United States nor a labor certification is required
for this classification. However, the petition must be accompanied by
clear evidence that the alien is coming to the United States to continue
work in the area of expertise.
In order to prove extraordinary ability in one's field, the applicant must: (A) Provide evidence of a one-time achievement that is a major, international recognized award (i.e., Pulitzer, Oscar, Olympic Medal), or (B) Meet at least three of the following:
- Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
- Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;
- Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
- Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
- Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
- Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;
- Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
- Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
- Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
|