Employment First Preference

Employment First Preference (EB-1): Priority Workers

a. Persons with extraordinary ability

Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Extraordinary ability is defined as a level of expertise indicating that the individual is one of that small percentage who has risen to the very top of the field of endeavor, as demonstrated by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Such evidence shall consist of either a one-time major, internationally recognized award or by evidence satisfying at least three of the following criteria:
• Receipt of lesser nationally or internationally recognized prizes or awards for excellence;

• Membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

• Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought (include the title, date, and author of the material, and any necessary translation);

• Alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;

• Alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

• Alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;

• Display of alien’s work in the field at artistic exhibitions or showcases;

• Performance in a leading or critical role for organizations or establishments that have a distinguished reputation;

• Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or

• Commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

b. Outstanding professors and researchers

Outstanding professors and researchers with demonstrated international recognition for his or her outstanding achievements in a particular academic field, evidenced by at least two of the following:
• Evidence of receipt of major prizes or awards for outstanding achievement;

• Evidence of membership in associations that require their members to demonstrate outstanding achievement;

• Evidence of published material in professional publications written by others about the alien’s work in the academic field;

• Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;

• Evidence of original scientific or scholarly research contributions in the field; or

• Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
The regulations further require the applicant to have at least three years of experience in teaching or research in the academic field. The term “academic field” means a body of specialized knowledge offered for study at an accredited U.S. university or institution of higher education.
Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education.An offer of employment from a prospective United States employer is required.

c. Multinational managers or executives

Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. If the applicant is outside the United States, the three-year period refers to the three years immediately preceding the filing of the petition. If the applicant is already in the United States working for the U.S. employer, the three-year period refers to the three years preceding entry as a nonimmigrant.The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity.