|
Priority Workers
Persons of Extraordinary Abilities
This category is an immigrant category (confers lawful permanent residence) on persons of “extraordinary abilities” in the sciences, education or business. Extraordinary ability is defined as “a level of expertise indicating that the person is one of the small percentage of people who have risen to the very top of the field of endeavor.” BCIS (a.k.a INS) regulations list certain types of evidence that may be submitted to prove this standard. One required submission is a written advisory opinion from a peer group or from a person or labor organization with expertise in the filed.
Evidence of Extraordinary Ability
The intending immigrant may establish extraordinary ability by evidence of receipt of a major, internationally recognized award, such as the Nobel Prize or an Academy Award. Absent receipt of such an award, the migrant must include at least three types of evidence from the following list:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
Membership in associations in the field of endeavor that require outstanding achievements of their members, as judged by recognized national or international experts in their fields
Published material in professional or major trade publications or major media about the migrant and relating to the migrant's work in the field of endeavor (published material must include title, date, author, and be translated if necessary)
Participation, on a panel or individually, as a judge of the work of others in the same or an allied field of specialization
Original scientific, scholarly, or artistic contributions of major significance in the field of endeavor
Authorship of scholarly articles in the field, in professional journals or other major media
Evidence of the display of his or her work in the field at artistic exhibitions or showcases in more than one country
Performance in a lead, starring, or critical role for organizations or establishments with distinguished reputations
Having commanded a high salary or other significantly high remuneration for services in relation to others
Commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales
Other comparable evidence may be submitted if the above types of evidence do not readily apply to migrant's occupation.
Multinational Business Executives
This group in the priority worker preference covers multinational executives and managers. This group of priority workers represents a tremendous advantage to international companies, which are able to transfer top level executives and managers to this country as permanent residents on an expeditious basis. To be included in the group, the foreign national must have at least one year in the preceding three employed by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer, and he or she must be coming to work in the United States in a managerial or executive capacity. The BCIS (a.k.a INS) regulations apply to this group basically the same interpretation placed on managers and executives for L1 nonimmigrant purposes. In some situations, the foreign national may be present in the United States in L1 status working for the same petitioner that is filing the EB1 petition for the L1 intra company transferee to classify the person as a priority worker.
Outstanding Professors and Researchers
This immigrant classification includes outstanding professors and researchers. To be considered in this group a person must be internationally recognized as outstanding in a specific academic field, have at least three years of experience teaching or researching in the field, and either
the offer of a tenured or tenure track teaching position or the offer a comparable research position or
the offer of a research position having no fixed term and in which the employee will ordinarily have an expectation of permanent employment or
the offer of a comparable research position with a private employer if the employer has at least three fulltime researchers and documented accomplishments in the research field.
A job offer is a requirement. The key elements of this type of petition are documentation that 1) the employer is offering the foreign national employment of a qualifying nature, 2) the foreign national has the requisite credentials, and 3) the foreign national is outstanding in an academic field.
Related Links
Check out VisaPortal.com - our
new U.S. immigration web portal dedicated to bringing more transparency, justice
and accountability to U.S. immigration and providing information and other
resources to immigrants and other interested parties.
|
|
|
|
Call us now at 703.276.7670
