EB-1 Priority Workers

The first employment preference is for priority workers. The EB-1 category is very attractive for aliens because the labor certification (PERM) requirement does not apply. This potentially reduces the processing time to obtain a “green card.”

There are 40,000 visas available in this category with three sub-parts:

Aliens with 'extraordinary ability' in the arts, sciences, education, business and athletics

The Alien of Extraordinary ability 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 Citizenship 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

The EB-1 is a good option for those applicants who do not wish to file for labor certification (PERM). Only the “alien of extraordinary ability may sponsor his or herself.

The EB-1 alien of extraordinary ability or outstanding researcher is a great way to avoid the arduous PERM process; however, it must be done correctly to prevent a dreaded “request for evidence” issued by USCIS. The Fleischer Law Firm LLC has developed a strong strategy for obtaining a successful alien of extraordinary or outstanding researcher petition.

When a researcher, physician, scientist or other qualifying professional files an EB-1 petition, there is rarely, if ever an “interview” with an USCIS adjudicator. Therefore, the Fleischer Law Firm requires all of their clients to write a “personal statement” in support of their petition. This person statement is a chance for an applicant to “speak” to the adjudicating officer; it is not a time to be shy or modest, but to fully demonstrate your qualifications and achievements as one of the top professionals in your field. While using language a lay person could understand (i.e. minimal scientific or field-specific jargon), a successful applicant should clearly elucidate the applicants IMPACT on his or her field, and how the applicant’s work relates to the criteria listed above.

The Fleischer Law Firm LLC has been success in obtaining Alien of Extraordinary Ability petitions for dancers, doctors, businessmen, scientists, researchers, athletes, artists and other occupations.

Our years of experience have helped us collect a plethora of successful sample personal statements and letters of recommendation which have helped scholars and researchers obtain EB-1 “Alien of Extraordinary” petitions from:

  • University of Cincinnati (Cincinnati, OH)
  • Ohio State University (Columbus, OH)
  • University of Kentucky (Lexington, KY)
  • University of Louisville (Louisville, KY)
  • Duke University (Durham, NC)
  • Wayne State University (Detroit, MI)
  • Harvard University and Massachusetts Institute of Technology (Boston, MA)
  • Virginia Tech University (Blacksburg, VA)
  • University of Virginia (Charlottesville, VA)
  • Tulane University (New Orleans, LA)
  • Indiana University (Bloomington, IN)
  • University of Chicago (Chicago, Illinois)
  • Ohio University (Athens, Ohio)
  • Wilberforce University and Central State University (Wilberforce, OH)
  • Northern Kentucky University, (Highland Heights, Kentucky)
  • Purdue University (West Lafayette, Indiana)
  • University of San Francisco (San Francisco, California)
  • University of California – Berkeley (Berkeley, California)
  • University of Massachusetts-Dartmouth (Dartmouth, Massachusetts)
  • Indiana State University (Terre Haute, Indiana)
  • Florida State University (Tallahassee, Florida)
  • University of Arkansas (Fayetteville, Arkansas)
  • Iowa State University (Ames, Iowa)
  • West Virginia University (Morgantown, West Virginia)
  • New York University (New York City, New York)
  • Manhattan University (New York City, New York)
  • University of Colorado(Boulder, Colorado)
  • University of Texas (Austin, Texas)
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 include:

  • 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.

The EB-1 is a good option for those applicants who do not wish to wait for labor certification (PERM). Only the “alien of extraordinary ability mat sponsor his or her self. If applying as an “outstanding researcher”, there MUST be a qualifying job offer for a PERMSANENT position.. Thus, in an “outstanding researcher petition” your application is tied to your job AND your employer. This is unlike the national interest waiver and the alien of extraordinary ability, where applicant sponsors him or herself and is not required to have a job.

The EB-1 alien of extraordinary ability or outstanding researcher is a great way to `avoid the arduous PERM process, however, it must be done correctly in order to `avoid the dreaded “request for evidence’ ” issued by USCIS. The Fleischer Law Firm LLC has developed a strategy in the hope of obtaining a successful alien of extraordinary or outstanding researcher petition.

When a researcher, physician, scientist or other petitioner files an EB-1 petition there is rarely, if ever, an “interview” with an USCIS adjudicator. Therefore, the Fleischer Law Firm requires all of their clients to write a “personal statement” in support of their petition. This person statement is a chance for an applicant to “speak” to the adjudicating officer. It is not a time to be shy or modest, it is a time to show that you are one of the best in your field. While speaking in lay person terms, if possible, a successful applicant should clearly elucidate the applicants IMPACT on his or her field. In addition to an applicant’s impact, the personal statement should clearly explain how the applicant’s work relates to the criteria listed above.

In addition to the personal statement, a successful petition includes:

  1. All publications whether from Conference Abstracts or more importantly, international Peer Reviewed Journals. Impact ratings of the journal are also very important.
  2. Book Chapters and Books
  3. Citations. Any proof that your work has been cited(and where it has been cited) shows the impact of your work
  4. Presentational international conferences, whether as a key note speaker or publication of a abstract or poster
  5. Comments on your published works by critics/journal referees
  6. Proof you have acted as a referee or reviewer, or acted as the judge of the work of others
  7. Requests for reprints of your publications
  8. Patents
  9. Evidence of awards or honors received including scholarships, travel awards
  10. Evidence of membership in professional associations
  11. Use of your work by others in academia, research , or commercial use
  12. Details of the funding for your research projects or grants
  13. Press Coverage of the your work in the “popular media” including newspapers, popular magazines, internet, or television
  14. Recommendation letters from expert in your field attesting to the impact o your work in the field. These letters should be written by those who you know PERSONALLY and more important, those who do not know you personally, just through your “reputation” in the field. These letters are of the utmost importance in filing a successful national interest waiver

Our years of experience have helped us collect a plethora of successful sample personal statements and letters of recommendation which have helped scholars and researchers obtain EB-1 “Outstanding Researcher” petitions from:

  • University of Cincinnati (Cincinnati, OH)
  • Ohio State University (Columbus, OH)
  • University of Kentucky (Lexington, KY)
  • University of Louisville (Louisville, KY)
  • Duke University (Durham, NC)
  • Wayne State University (Detroit, MI)
  • Harvard University and Massachusetts Institute of Technology (Boston, MA)
  • Virginia Tech University (Blacksburg, VA)
  • University of Virginia (Charlottesville, VA)
  • Tulane University (New Orleans, LA)
  • Indiana University (Bloomington, IN)
  • University of Chicago (Chicago, Illinois)
  • Ohio University (Athens, Ohio)
  • Wilberforce University and Central State University (Wilberforce, OH)
  • Northern Kentucky University, (Highland Heights, Kentucky)
  • Purdue University (West Lafayette, Indiana)
  • University of San Francisco (San Francisco, California)
  • University of California – Berkeley (Berkeley, California)
  • University of Massachusetts-Dartmouth (Dartmouth, Massachusetts)
  • Indiana State University (Terre Haute, Indiana)
  • Florida State University (Tallahassee, Florida)
  • University of Arkansas (Fayetteville, Arkansas)
  • Iowa State University (Ames, Iowa)
  • West Virginia University (Morgantown, West Virginia)
  • New York University (New York City, New York)
  • Manhattan University (New York City, New York)
  • University of Colorado(Boulder, Colorado)
  • University of Texas (Austin, Texas)
Multinational Executives & Managers

For the EB-1 Multi National Manager category, 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 for which the applicant was previously 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.

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