First Preference: Priority Workers (EB-1)

Every year, 40,000 visas are available under the first preference which is open to: (a) aliens of extraordinary ability in the sciences, arts, education, business, or athletics; (b) outstanding professors or researchers; (c) certain managers and executives transferred to the US to work for their foreign employer or a US affiliate or subsidiary firm. No labor certification is required.

(a) Aliens of extraordinary ability

The alien or any other person acting on the alien’s behalf may file Form I-140 (petition form for alien worker) with the US Citizenship and Immigration Services (USCIS, formerly the INS) Alien must demonstrate a major achievement such as an internationally recognized award (such as the Nobel Prize or evidence showing at least three of the following:

–        Lesser national or international award for excellence in alien’s field;

–        Membership in associations in alien’s field that requires members to have shown outstanding achievements as judged by acknowledged experts;

–        Published material about the alien in major publications or media;

–        Selection of alien to judge others in the alien’s field;

–        Original contributions of importance to alien’s field;

–        Authorship of scholarly articles in major publications or media;

–        Display of alien’s work in artistic exhibitions;

–        Performance of leading role for distinguished organizations;

–        Comparatively high salary or remuneration in alien’s field;

–        Commercial success in the performing arts.

(b) Outstanding professors and researchers

The US employer must file the Form I-140.  Alien must meet the following requirements:

–       Evidence of international recognition in the area of academic specialty;

–       3 years experience in teaching or research (which includes graduate or post-doctoral work);

–       An offer of tenure track teaching or comparable research position in an institution of higher education.

(c) Certain multinational executives and managers

The US employer which must be the same firm, subsidiary or affiliate who employed the alien abroad, must file the Form I-140. The alien must meet the following requirements:

–        Alien must be employed by the petitioner for at least one year in managerial or executive position during the 3 years immediately prior to filing the petition; and

–        Alien must be coming to the US to continue employment as manager or executive with the petitioner.