PRIORITY WORKERS 1. Priority workers The first employment preference is for Priority workers. The EB-1 category is very attractive for aliens because the labor certification requirement does not apply. This drastically reduces the processing time to obtain a "green card." There are 40,000 visas available in this category with three sub-parts. A.Aliens with 'extraordinary ability' in the arts, sciences, education, business and athletics: This category is, in effect, reserved for that small percentage who has risen to the very top of their field of endeavor. This subcategory covers aliens possessing extraordinary ability in the sciences, arts, education, business or athletics. The extraordinary ability subcategory does not require a specific job offer, so long as the alien states that he/she will continue to work in the field of their extraordinary ability in the US. This means that the alien may file a petition on his/her own behalf, rather than having an employer file for them. United States Citinzenship and Immigration Services (USCIS) regulations define extraordinary ability as a "level of expertise indicating that the individual is one of those few who have risen to the top of the field of endeavor." In order to show that an alien has "extraordinary ability", the alien must show three of the following ten types of evidence: Receipt of lesser national or international prizes or awards for excellence in their field of endeavor Membership in associations in the field of endeavor that require outstanding achievements of their members Published material about the alien and his work in professional journals, trade publications, or the major media Participation, either in a group or alone, as a judge of others in the same or a similar field Original scientific, scholarly, or artistic contributions of major significance in the field of endeavor Authorship of scholarly articles in the field, published in professional journals or the major media Display of the alien's work at artistic exhibitions or showcases in more than one country Performance in a lead, starring, or critical role for organizations with a distinguished reputation Commanding a high salary compared to others in the field Commercial success in the performing arts, as shown by box office receipts and sales B.'Outstanding' Professors and Researchers: This category requires international recognition as being outstanding in a specific field and three years' experience teaching or research in the academic area for people entering tenure track, or comparable teaching or research positions in a university or an 'institution of higher education' within a department, division or institute of a private employer, but the private employer must have at least three additional persons involved in full-time research activities, and have achieved 'documented accomplishments' in an academic field. International recognition as outstanding in a specific academic field. At least three years teaching or research in the field. The teaching or research experience can be gained while in pursuit of an advanced degree, but only if the alien had full responsibility for the courses taught, or the research is recognized as outstanding. Unlike aliens in the extraordinary ability subcategory, aliens in the outstanding professor or researcher subcategory must have a job offer. However, as with all first preference employment petitions, no labor certification is required. International Recognition as Outstanding An alien demonstrates that his/her work has been recognized as outstanding in the international arena by presenting evidence similar to that required to show extraordinary ability. Two of the following types of evidence are required: Receipt of a major international prize or award for outstanding achievement in the academic field, Membership in associations that require outstanding achievements of their members, Material in professional publications written by others about the alien's work, Participation as a judge of the work of others in the field, Original contributions in the field, or Authorship of scholarly books or articles in journals with international circulation. Qualifying Employment Offer Along with the petition, the potential employer must submit a letter outlining the employment offer. The letter must include the basic terms of employment, including the salary offered. More difficult is describing the position. If the position offered is a tenured position, or a tenure-track position, then it is simple. However, few research positions are tenured. Qualifying research positions, therefore, can include positions that do not have a fixed duration but are the sort of position in which the alien can expect permanent employment. Private employers face additional requirements. The employer must show that they employ three full-time researchers and that research conducted by the employer has resulted in documented accomplishments. INS rules provide no information on how a private employer can document research accomplishments. The best evidence possible should be submitted, which would include any patents issued to researchers at the institution, and articles published by employees. C.Certain Multinational Executives & Managers: The applicant must have been employed for at least one year within the last three years prior to the petition for the immigrant visa by the same employer, affiliate or subsidiary of the employer outside the United States in a managerial or executive capacity. The applicant must also be coming to the sponsoring employer in the United States as a manager or executive for the same employer, subsidiary or affiliate which the applicant was employed 'Executive Capacity' means an assignment within an organization in which the employee primarily: Directs the management of the organization or a major component or function of the organization; Establishes the goals and policies of the organization, component or functions; Exercises wide latitude in discretionary decision-making; and Receives only general supervision or direction from higher level executives, board of directors or stockholders of the organization. 'Managerial Capacity' means an assignment within an organization in which the employee primarily: Manages the organization, a department, subdivision, function or component of the organization; Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization, a department or subdivision of the organization; If another employee or other employees are directly supervised, has the authority to hire and fire and recommend those as well as other personnel actions (such as promotion and leave authorization), or if no other employees directly supervise, functions at a senior level within the organizational hierarchy or with respect to the function managed; Exercises direction over the day-to-day operations of the activity or function for which the employee has authority. ---> Go back to the top CONTACT US Richard I. Fleischer & Associates 917 Main Street - Cincinnati, Ohio 45202-1314 USA Phone: 513.977.4209 - Fax: 513.977.4238 fleischer@immigrate2usa.com Disclaimer Nothing at this site should be construed as legal advise for any individual case or situation. This information is general content only, and should not be relied upon for any specific information. For specific legal advise consult an experienced immigration attorney.

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