EB-1 Category

The Employment-Based First Preference Category

“Priority Workers”

Immigration Solutions Group, PLLC (“ISG”) has a track record of success in helping clients obtain permanent residence through this category which consists of foreign nationals who have extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors or researchers; and foreign nationals that are managers and executives subject to international transfer to the United States.

Extraordinary Ability

Extraordinary ability means a level of expertise found only in that small percentage of persons who have risen to the very top of their respective fields.

  • Alien’s extraordinary achievements in the sciences, arts, education, business, or athletics have resulted in sustained national or international status in the alien’s field
  • Alien intends to enter the U.S. to work in the field in which he or she has earned extraordinary status
  • USCIS finds that alien’s admission, as a permanent resident will substantially benefit the U.S.

Alien must demonstrate a major achievement such as an internationally recognized award (for example Nobel Prize) or evidence establishing at least three of the following:

1. Lesser national or international award for excellence in the field of alien’s intended U.S. employment

2. Membership in association(s) in alien’s field that require members to have demonstrated outstanding achievements as judged by acknowledged experts

3. Published material about the alien in major professional/trade publications or other major media

4. Selection of alien to judge others in the same or allied field

5. Original contributions of importance in the alien’s field

6. Authorship of scholarly articles in professional/trade publications or other major media

7. Display of alien’s work in artistic exhibitions

8. Performance of leading or critical role for distinguished organizations or institutions

9. High salary or other remuneration in relation to others in alien’s field

10. Commercial success in the performing arts (box office receipts, recordings, videos, etc.)

Strictly speaking, the alien of extraordinary ability need not be seeking “employment” in the United States. The alien must, however, be coming to the U.S. to continue to work in the area of the alien’s extraordinary ability. Thus, the alien must present employment offers, prearranged commitments, arrangements to engage in self-employment, or other evidence showing that the alien will continue to work in the area of the alien’s extraordinary ability.

Outstanding Professors and Researchers

  • Evidence of international recognition in area of academic specialty demonstrated by submitting evidence of two of the following:

1. Receipt of major prizes/awards for outstanding achievement in the field;

2. Membership in an association requiring outstanding achievement in the field;

3. Published material in professional publications written by others about applicant’s work in the field;

4. Participation as a judge of the work of others in the field;

5. Original scientific or scholarly research;

6. Authorship of scholarly articles/books in the specialty area;

  • 3 years experience in teaching or research (includes graduate or post doctoral work, if qualifying)
  • An offer for a tenure track teaching or comparable research position (of unlimited duration) at an institution of higher education or private institution of demonstrated research accomplishments in the field that employs at least 3 full-time researchers.

Multinational Executives and Managers

  • During the three years immediately preceding the filing the petition, the alien must have been employed abroad by the U.S. employer (or a subsidiary or affiliate of the U.S. employer) for at least one year as a manager or executive.
  • The alien must be coming to the U.S. to continue employment as a manager or executive with the foreign employer or U.S. subsidiary or affiliate.