Employment First Preference (EB-1): Priority Workers
Priority Workers and their families receive 28.6 percent of the yearly worldwide limit and for this category, These priority workers are given first preference because they have been deemed to “substantially benefit” the U.S. and they do not have to complete the labor certification, meaning that they are not required to establish that there are no qualified U.S. workers available for the proposed position. The first preference immigrant category is most desirable because it can be processed relatively quickly vsas are available immediately.
Within this preference category, there are three sub-groups:
A) EB-1A: Extraordinary ability in the arts, sciences, business or athletics
Aliens with extraordinary ability in the sciences, arts, education, business, or athletics may qualify for an EB-1A visa if their work in the field has been demonstrated by sustained national or international acclaim and their achievements have been recognized in the field through extensive documentation. The applicant must be one of the small percentage who have risen to the very top of the field to be granted this classification
“Extraordinary Ability” is defined as a “level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor” and Applicants in this category must demonstrate “sustained national or international acclaim” and high recognition in his/her field. Such applicants do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Such applicants can file their own petition with the USCIS, rather than through an employer.
Prospective EB-1 “Extraordinary Ability” professionals must either be the recipient of a highly prestigious international award, such as the Nobel Prize, or, if an award of this nature is not available, then documentation of a minimum three (3) of the following ten (10) criteria must be met.
- Received a national or internationally recognized award in their field;
- Membership in professional association that demands excellence from its members;
- Published material about the individual written by others;
- Participation, either individually or on a panel, as a judge of the work of others in the same or an allied field;
- Evidence of original contribution of major significance in their field;
- Authorship of scholarly article, journal, publication or research;
- Artistic display of work in exhibitions or showcases;
- Commands high salary in relations to other in their field;
- Performance in a leading or critical role for distinguished organizations; or
- Command of a high salary or other significantly high remuneration for services, in relation to others in the field;
- Commercial successes in the performing arts, as shown by box office receipts or record, CD or video sales.
In some instances being able to show 3 of the 10 above may not be enough, as USCIS may required additional evidence to show extraordinary ability.
Our office can evaluate your credentials to determine the likelihood of success of a petition in this category. For qualified individuals, we will help prepare the necessary documentation, help gather supporting evidence, prepare a detailed brief to USCIS supporting the petition, and respond to any inquiries from the Department of Homeland Security. If you believe that you or your employee may qualify in this category, please do not hesitate to contact us for an in depth consultation.