EB-1 Priority Workers

The EB-1 visa classification is available to aliens with extraordinary ability in the sciences, arts, education, business or athletics. The EB-1 is available to outstanding professors and researchers, and multinational managers and executives as well. It is an immigrant visa (permanent visa), and it applies to individuals who can demonstrate that they have achieved national or international acclaim in their occupational area.

US Citizenship and Immigration Services defines aliens with extraordinary ability as those 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." Internationally respected prizes and awards act as evidence of this status. The Nobel Prize is one example; however, lesser evidence will suffice as well. Practically speaking, very few aliens will qualify for extraordinary ability based on a one-time achievement. In these cases, the individual should provide at least three of the following forms of evidence:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
• Membership in associations in the field that demand outstanding achievement of their members;
• Published material about the alien in professional trade publications or other media;
• Evidence that the alien has judged the work of others in his/her field;
• Evidence of the alien's original contributions of major significance to the field;
• Authorship of scholarly articles;
• Display of the alien's work at artistic exhibits or shows;
• Evidence of high status in a distinguished organization;
• Evidence that the alien commands high remuneration in comparison to others in the field;
• Evidence of commercial success in the performing arts.

Extraordinary ability workers do not need to show a job offer or labor certification, which is a primary advantage of the EB-1 classification. Although an employer may petition for the alien, s/he may self-petition as well. The alien must prove that s/he will continue to work in the area of expertise if s/he is granted EB-1 status. USCIS must be satisfied that the individual will “substantially benefit prospectively the United States."

Unlike the extraordinary ability worker, an outstanding professor or researcher may not self-petition. The employer must petition for the alien. The outstanding professor or researcher must show at least three years of experience. S/he must be internationally recognized as outstanding in a specific academic field and must enter the United States as a tenure or tenure-track teaching or comparable research position at a university or other institution of higher education, or in a comparable research position with a private employer under certain circumstances.

The third subcategory of the EB-1 classification is reserved for executives and managers of foreign companies who are transferred to the same or a related company in the United States. The requirements are similar to those for the L-1A nonimmigrant intracompany transferee visa; however, the EB-1 is an immigrant visa (permanent green card). The employee beneficiary must show that s/he has been employed outside the United States in a managerial or executive capacity for at least one of the three years immediately preceding the filing of the petition. Both the qualifying experience and the position offered in the US must be in a managerial or executive capacity. The previous employment must have been with the same employer or an affiliate or subsidiary. The manager must show that s/he manages staff or a specific function of the company. EB-1 managers and executives may not self-petition.

For all three subcategories, the petitioning process begins with the filing of a form I-140 with either the Nebraska or Texas Service Centers depending on the location of the beneficiary employee's permanent employment. If you or your company is contemplating the EB-1 classification, contact The Nuñez Firm today to discuss your case. The EB-1 process can be complex and confusing; The Nuñez firm can help by handling the process for you and ensuring that you avoid any immigration hurdles.

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