Who is Eligible
The Application Procedure
~ Individuals with 'extraordinary' ability in the sciences, arts, education, business or athletics
~ Outstanding professors and researchers
~ Select Multinational executives
Individuals with 'extraordinary' ability in the sciences, arts, education, business or athletics which have demonstrated sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted (If the following criteria do not apply, the worker may submit "other comparable evidence".):
~ Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
~ Membership in associations in the field which demand outstanding achievement of their members;
~ Published material about the alien in professional or major trade publications or other major media;
~ Evidence that the alien has judged the work of others, either individually or on a panel;
~ Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
~ Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
~ Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
~ Performance of a leading or critical role in distinguished organizations;
~ Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
~ Evidence of commercial successes in the performing arts.
Such applicants do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Such applicants can file their own petition with the INS, rather than through an employer.
Outstanding Professors and Researchers who are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education. If the employer is a not a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full time in research activities and have achieved documented accomplishments in an academic field.
Evidence that the professor or researcher is recognized as outstanding in the academic field must include documentation of at least two of the following:
~ Receipt of major prizes or awards for outstanding achievement;
~ Membership in associations that require their members to demonstrate outstanding achievements;
~ Published material in professional publications written by others about the alien's work in the academic field;
~ Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
~ Original scientific or scholarly research contributions in the field;
~ Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the INS
Select Multinational Executives of foreign companies who are transferred to the U.S. may qualify. A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S. to continue service (in a managerial or executive capacity) to that firm or organization. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad.
No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the INS.
An I-140 (Petition for Alien Worker) must be filed at the BCIS Service Center that has jurisdiction over the location where you will work. The petition documents must include the required evidence and should comply with the specific filing guidelines of the Service Center. No labor certification is needed for EB-1 petitions.
While an EB-1 worker of ‘extraordinary ability’ can petition for themself, the employer must file the petition for an outstanding professor or researcher and a multinational executive or manager.