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EB-1: First Preference Category – Priority Workers

This preference is reserved for persons with extraordinary ability in science, art, education, business, or sports. Outstanding professors, researchers, and multinational executives/managers may also fit into this preference category. Approximately 28.6% of employment based green card visas are granted to immigrants of this preference category.

  1. Persons with extraordinary ability: must have extensive documentation showing sustained national or international recognition in their field of expertise.
  • Persons with extraordinary ability do not require a sponsor or a labor certification, so long as they are entering the US to continue work in their field of expertise.
  • You must be able to prove your qualification through a one-time grand achievement or provide at least 3 types of the following evidence of:
    • Receipt of lesser international or national award for excellence or prize;
    • Membership in associations of your field of expertise that require outstanding achievement from members;
    • Publication about you in major media or professional material in your field;
    • Your service as a judge in the work of others, either individually or as a member of a panel;
    • Your contribution that is recognized as significant in your field;
    • Your authorship of scholarly articles in major trade, professional publications or other major media;
    • Display of your work at artistic exhibitions or showcases;
    • Your leadership or performance of a critical role in distinguished organization;
    • You receive a higher compensation in relation to others in the field;
    • Your commercial success in the performing arts.
  1. Outstanding professors and researchers: must have at least three years of teaching or researching experience and international recognition.
    • Outstanding professors and researchers must be coming to the U.S. to pursue tenure or a comparable research position at a university or an institution of higher education. As such, offer for permanent employment and labor certification of the employer are required.
    • You must be able to provide 2 or more documentations that prove as evidence:
      • That you have received major prizes or awards for outstanding achievements;
      • That you are a member in associations that require their members to have outstanding achievements;
      • That you or your work have been subject of others’ professional publication in the academic field;
      • Of your service as a judge of the work of others in the same or allied academic field either individually or as a member of a panel;
      • Of your original scientific or scholarly research contribution in the field;
      • Your authorship of scholarly articles or books in the field, must be scholar journals that are circulated internationally.
  1. Multinational managers or executives: must have been employed as an executive or manager for at least one of the three preceding years by an overseas entity directly related to the U.S. employer, for example an affiliate or a subsidiary. The applicant must be coming to the U.S. to continue serving in a managerial or executive capacity.
    • An offer for permanent employment as an executive or manager from a U.S. company and labor certification of the employer are required.
    • The petitioning employer must have been operating in the US for more than one year prior to your petition. It could have been doing business as an affiliate or subsidiary of the corporation that employed you abroad.

Contact Kristy Qiu, Esq., a knowledgeable Fort Lauderdale Immigration Attorney to find out the approximate wait time and availability of visa for each preference category.

 

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