EB-1: Priority Workers
The first employment-based immigration preference category (EB-1) is considered the most favorable for a number of reasons. Labeled "Priority Workers," foreign nationals who qualify for this category are exempt from the Labor Certification stage of the permanent residence process. This category is allotted 40,000 visas annually and receives top priority in the allocation of all employment-based visas.
A foreign national may qualify for the EB-1 category in various ways:
MULTINATIONAL MANAGERS OR EXECUTIVES:
Utilizing the regulatory requirements of the L-1A classification, an individual must have served the company or its qualified parent, subsidiary or affiliate abroad for at least one year during the last three years in a "managerial" or "executive" capacity. In addition, the permanent position offered to this individual must also meet the requirements for a "managerial" or "executive" position.
ALIENS WITH EXTRAORDINARY ABILITY:
Similar to the O-1 classification, foreign nationals with "extraordinary ability" in the sciences, arts, education, business and athletics may seek permanent resident status in the U.S. under the first employment-based immigration preference. Extraordinary ability means "a level of expertise indicating that the individual is one of the small percentage who have risen to the very top of the field of endeavor."
OUTSTANDING PROFESSORS OR RESEARCHERS:
Outstanding professors and researchers must be recognized internationally for their outstanding academic achievements in a particular field in order to qualify as Priority Workers. In addition, the applicant must have at least three years experience in teaching or research in their area of expertise and be tenured or on a tenure track at an institution of higher education. If the employer is a private company rather than a university or educational institution, the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field.
While the EB-1 worker of extraordinary ability may independently petition for himself or herself, an employer must file the petition for an outstanding professor or researcher and a multinational executive or manager. Grzeca Law Group is happy to review a foreign national's qualifications to analyze eligibility for the EB-1 immigration category.